What are the supreme law of the us?
The Supreme Law of the LandArticle VI of the U.S. Constitution, which at first glance appears as little more than an attempt to tie up loose ends surrounding the creation of the nation's new government, actually establishes a foundation of American law: the supremacy of the actions of the federal government over those of the states.
Reflecting the general belief among the framers that a strong national government was needed in order to maintain cohesiveness within the fledgling nation, the second section of Article VI provides that the Constitution, the laws of the United States and all treaties are "the supreme Law of the Land," This portion of the document, now commonly known as the "supremacy clause," asserts that any state constitution or state laws contrary to the U.S. Constitution or the treaties and laws of the United States cannot be enforced by state or federal courts.
State courts, in particular, must make their decisions based not merely on the state constitution and state laws, but in consideration of the superseding laws and treaties of the United States government.
This important provision has withstood the test of time and several court challenges. Among these tests was McCullough v. Maryland (1819), in which Chief Justice John Marshall broadly asserted that "the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government. This is, we think, the unavoidable consequence of that supremacy which the Constitution has declared."
Just five years later, in the case of Gibbons v. Ogden, Marshall amplified this interpretation when he wrote: " . . , it has been contended, that if a law passed by a State, in the exercise of its acknowledged sovereignty, comes into conflict with a law passed by Congress in pursuance of the Constitution, they affect the subject, and each other, like equal opposing powers. But the framers of the Constitution foresaw this state of things, and provided for it, by declaring the supremacy not only of itself, but of the laws made in pursuance of it. The nullity of an act, inconsistent with the Constitution, is produced by the declaration, that the Constitution is the supreme law. The appropriate application of that part of the clause which confers the same supremacy on laws and treaties, is to such acts of the State legislatures as do not transcend their powers, but though enacted in the execution of acknowledged State powers, interfere with, or are contrary to the laws of Congress, made in pursuance of the Constitution, or some treaty made under the authority of the United States. In every such case, the act of Congress, or the treaty, is supreme; and the laws of the State, though enacted in the exercise of powers not controverted, must yield to it."
These decisions, and others, have resulted in an application of the supremacy clause which obliges the nation's courts to ascertain whether a challenged state law is compatible with the policy expressed in federal statutes.
Accordingly, the application of the supremacy clause today is becoming, to an ever increasing degree, a matter of statutory interpretation -- a determination of whether state regulations can be reconciled with the language and policy of federal enactments. The result has been the acceptance as a tenet of American constitutional law the assumption that whenever the federal government takes exclusively for itself any field of lawmaking, the state governments are effectively prohibited from legislating in that field.
Beyond the interest taken in the supremacy clause, Article VI also took important steps to address basic rules of fair play and responsibility by the government. The first clause of the article effectively accepts all debts contracted and engagements entered into by the United States under the old Articles of Confederation. The inclusion of this clause did much to give the U.S. credibility within the world community, as it pledged to honor all debts incurred under the Confederation.
Likewise, Article VI contains a third clause -- a legitimate precursor of the religious freedoms encompassed within the First Amendment -- prohibiting anyone from being denied access to an official position with the federal government due to that person's religious beliefs.
Rather than being a mere afterthought, Article VI plays a major role in defining the relationship between the government of the nation and those of the states. The superiority of the national government has played a crucial role in the shaping and development of a cohesive nation of states, each striving to meet and implement similar goals and policies.
the state constitution
Who are the Virginia's two US Senators?
Mark Warner (D) and Timothy Kaine (D) are the U.S. Senators representing Virginia. Kaine's next election will be in 2018. Warner's next election will be in 2020.
What is Virginia's violent crime rate?
For the entire state of Virginia, there is an average of 1.9 violent crimes for 1,000 residents. There are also 21.62 property crimes for each 1,000 residents.
Do inmates in Virginia now serve 65 percent of their time?
It is currently a petition. You can go to the Change site (see the link below) and look for "Petition to Restore Parole in Virginia and Serving 65% of Time for Prisoners" and sign it. We have gotten 328 signatures thus far but need 30,000.
What is the penalty for strong arm robbery in Virginia?
The penalty for strong armed robbery in Virginia is up to 20 years in prison. Strong armed robbery is something that is taken very seriously, and can hold serious penalties if a person hurts someone while robbing a business, or person.
Most states now have expungement programs. Contact your local Criminal Clerk of Court to find out how to file for expungement. They would be the ones to tell you how to go about doing this. Usually, you just file the document and if it is your first offense and it is a non violent offense, you should have no problem.
Another View: Unless the offense occurred prior to your 18th birthday it becomes a permanent part of your adult criminal history record.
The process for expunction is different in all states. The process for applying for them varies - there are certain qualifications that you must meet - there is no such thing as a 'blanket' expungement of ALL offenses - and the expungement is limited to once per lifetime. The process is not easy and is usually not a do-it-yourself process. You may want to consult with an attorney on this before making a decision.
How long do you hold a driving permit if you are 18 and live in Virginia?
If you are under 19 years old you must complete a state-approved Drivers Ed program before obtaining your intermediate drivers license. You must hold your learners permit at least 9 months.
What is the least populated county in Virginia?
Arlington County. 41 sq mi counting it's incorperated city of Alexandria, 26 sq mi excluding Alexandria.
Can you own a gun if you been convicted of domestic violence misdemeanor in Virginia?
No. See this news article written less than a week ago: http://hamptonroads.com/2009/03/domestic-violence-guns-shouldnt-mix
Are bullet proof vest legal in Texas?
Yes.
Unless they can convince a judge you are a gang member, or the vest is worn during the commission of certain crimes, then it's a 3rd degree felony.
FL 775.0846 :
(2) No person may possess a bulletproof vest while, acting alone or with one or more other persons, he or she commits or attempts to commit any murder, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with intent to commit a felony, criminal gang-related offense under chapter 874, controlled substance offense under chapter 893, or aircraft piracy and such possession is in the course of and in furtherance of any such crime.
Where do you register a gun in Virginia?
Guns are not registered in the state of Virginia. See http://www.vsp.state.va.us/Firearms.shtm for more information.
In Virginia what is the official religion?
There is no official religion in Virginia or in any other state in the US.
Prior answers that did not address the question but did enter into a debate have been removed, due to conflicting information.
We get questions from several nations, and laws vary from country to country. In the US, they vary from state to state. It is not possible to give a "one size fits all" answer to this question.
In MOST of the US, there is no procedure nor requirement (despite popular belief) to "register" a firearm with anyone. When a gun is purchased from a dealer, to comply with Federal law, he completes a record of that sale that he maintains at his place of business for 20 years. A very few states may require registration of a handgun- usually with the state police. You will need to let us know what state you are asking about, or simply check with your state police agency.
This does not apply to firearms such as machineguns or bazookas that are stringently regulated under Federal law. It does not address carrying a concealed firearm, which requires licensing of the individual in 47 states.
Debaters may discuss this with me thru my message board.
Can a military spouse collect unemployment from Virginia if they have to relocate?
Moving out of state after a layoff doesn't disqualify you -- the program is based on wages and payroll taxes, not geography. If you move after starting to get benefits in California, simply continue to follow the rules of the program and send in your biweekly claim forms to the same office as always. If you apply after moving, the process might get a bit tricky but is usually doable.
Source: http://www.latimes.com/business/la-fi-cover22-2009feb22,0,2705204.story If you move out of state, schedule an interview with EDD as they will put your payments on hold but won't inform you about it. Any travel longer than 4.5 hours might result in a deduction for that day, even if it is a Sunday, as you are obligated to be able to come in for an interview on any given moment. Also, read http://www.edd.ca.gov/UIBDG/Able_and_Available_AA_150_-_Fact_Finding_Guide.htm
What are the Virginia state laws about child custody?
If the parents are unmarried, the mother has custody of the child.
Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test or by admitting his paternity through court. A paternity test can be arranged through the court. Once paternity is established the parents are obligated to try to come to some arrangement for custody. The parties should try mediation and should be represented by attorneys if the proceeding is contentious. If they cannot come to any agreement the court will decide and will base its decision on the best interest of the child.
See related link.
If the parents are unmarried, the mother has custody of the child.
Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test or by admitting his paternity through court. A paternity test can be arranged through the court. Once paternity is established the parents are obligated to try to come to some arrangement for custody. The parties should try mediation and should be represented by attorneys if the proceeding is contentious. If they cannot come to any agreement the court will decide and will base its decision on the best interest of the child.
See related link.
If the parents are unmarried, the mother has custody of the child.
Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test or by admitting his paternity through court. A paternity test can be arranged through the court. Once paternity is established the parents are obligated to try to come to some arrangement for custody. The parties should try mediation and should be represented by attorneys if the proceeding is contentious. If they cannot come to any agreement the court will decide and will base its decision on the best interest of the child.
See related link.
If the parents are unmarried, the mother has custody of the child.
Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test or by admitting his paternity through court. A paternity test can be arranged through the court. Once paternity is established the parents are obligated to try to come to some arrangement for custody. The parties should try mediation and should be represented by attorneys if the proceeding is contentious. If they cannot come to any agreement the court will decide and will base its decision on the best interest of the child.
See related link.
How long does a misdemeanor charge of indecent exposure stay on your record in Tennessee?
ALL criminal charges of which you were convicted (both Misdemeanor and Felony) ALWAYS stay on your record..., forever. They never go away, unless it was committed when you were a minor. Then the juvenile record is sealed when you reach the age of adulthood in your state.
What equipment is required while operating a motorboat in Virginia?
Personal floatation devices are required while operating a motorboat in Virginia.
In Virginia, you must operate at slow-no-wake speed within 50 feet of boat ramps, marinas and moorages.
VA-12 In Virginia what are boat operators required to do when involved in an accident?
Give assistance to any person injured in the accident
How many days of driving from Arizona going to Virginia?
I once drove from New Jersey to Phoenix, and it took about 37 hours spread over 3½ days. Mapquest estimates 34.4 hours from Phoenix to Richmond.
What is decendency of George Nicholson of Colonial Virginia?
I am a descendent, if he is the George Nicholson who bought land in 1622. My name is Ross Corby Nicholson, 56, living in Tampa, Florida! I have the list, given to me by one of my Mormon cousins, if anyone really needs it.