Re: Benefits of Federal Charter
RYAN KEIL (RYAN.KEIL@M.CC.UTAH.EDU)
Fri, 2 Sep 1994 12:39:30 -0600
On Wed, 31 Aug 1994, Michael F. Bowman wrote:
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> 2. Federal law takes precedence over State law as a general rule.
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That which provides the greatest protection to the individual without
infringing the Constitution is generally taken as superior. In other
words, a federal law setting a minimum wage is superior to a state law
setting a minimum wage when the state's law sets a lower minimum wage.
If the state enacts a law affording greater protection than the federal
law (without infringing the Constitution), the state's law is superior.
Remember, the Constitution grants to the states all powers, etc., not
specficically reserved by the Constitution to the federal government.
This is why California's laws are, at least initially, being upheld by
that state's courts in actions against BSA.
Ryan Keil, BEAR-ly Scoutin'
Terry Howerton Sakima Group, Inc. SCOUTER Magazine Kansas City