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| Hankinson Levinger Appellate Lawyer Jeff Levinger says Try As You May, You Can't Trump Federal Law |
| May 23, 2011 6:00 am |
It seems no issue is too big for this session's Texas Legislature: Dislike ObamaCare? Draft a law that declares it unconstitutional. Invasive TSA airport searches? Vote to ban them. Cities harboring illegal aliens? Authorize police there to question individuals' citizenship without probable cause. There's one problem with these proposed laws, according to appellate lawyer Jeffrey Levinger - federal laws trump state laws that try to regulate areas that the federal government controls. "The Supremacy Clause of the U.S. Constitution states that federal laws ‘shall be the supreme law of the land,'" says Levinger of Dallas' Hankinson Levinger LLP. "While it might be politically popular to vote on laws that run counter to the U.S. Constitution, our legislators might be more productive in tackling issues they can actually affect, such as the budget." For information, contact Dave Moore at 800-559-4534 or dave@androvett.com.
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