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17 votes

Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be?

Question Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be? Answer Overview The way that the federal ...
ohwilleke's user avatar
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14 votes

HR1 would force states to have independent districting. How does the federal gov't have authority to require this?

The US Constitution doesn't say one way or the other how a state's representatives are to be chosen, so until this law was passed in 1841, a state could have all of their representatives elected at-...
user6726's user avatar
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12 votes

Durability of Federal legislation protecting abortion rights in US

The Supremacy Clause makes Federal laws superior to state laws and even state constitutions, but that is only true for Constitutional federal laws. If Congress passed a law seeking to restore the ...
David Siegel's user avatar
10 votes
Accepted

Do American states have the power to close their borders from other states in a health emergency?

US Constitutional law generally recognizes the right of freedom of movement, e.g. in Corfield v. Coryell, 6 Fed. Cas. 546, Crandall v. Nevada, 73 U.S. 35, Paul v. Virginia, 75 U.S. 168. The more ...
user6726's user avatar
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7 votes

Durability of Federal legislation protecting abortion rights in US

The most likely path for federal preemption would be by analogy and reference to federal health-related laws (Obamacare, HIPAA, Medicare and Medicaid, HRRP, indirectly the National Research Act). But ...
user6726's user avatar
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6 votes

Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be?

I will assume you are asking about a court-ordered revocation of a business licence, given that you are talking about an appeal. The answer to your question then lies in the relationship between state ...
Jen's user avatar
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5 votes

Are there any restrictions on the taxes or duties a U.S. state can levy?

Are there any restrictions on the taxes or duties a U.S. state can levy? Yes. For starters, states may not use taxes or other means to impede the federal government in its constitutional exercises ...
A.fm.'s user avatar
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5 votes

Durability of Federal legislation protecting abortion rights in US

The relevant portion of the Dobbs decision states: We must now decide what standard will govern if state abortion regulations undergo constitutional challenge and whether the law before us satisfies ...
ohwilleke's user avatar
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4 votes

Could a state enforce a law that establishes a definition of "biological sex"?

There are several dozen federal case precedents addressing the rights of transgender individuals under existing federal laws. The cases most squarely on point and binding on the U.S. District Court ...
ohwilleke's user avatar
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3 votes

Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be?

One point here worth mentioning is the US is not structured the same way as many other countries. For most other nations, the individual "states" are merely provinces: subdivisions of (and ...
Joel Coehoorn's user avatar
3 votes
Accepted

States' rights and the 14th amendment

The 14th amendment guarantees equal protection under the law for all citizens of the US. It's my understanding that this means from the Federal Government, and doesn't exactly apply when it's a "...
David Siegel's user avatar
2 votes
Accepted

Can the FBI take custody of a defendant in a state trial if they have information the FBI needs (possibly national security related)?

Basically yes. Assuming there’s a grand jury investigation (which the FBI needs if it wants to issue subpoenas), the government can get a writ of habeas corpus ad testificandum. This orders the warden ...
cpast's user avatar
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1 vote

States' rights and the 14th amendment

Theft is against the law in all US states. However that does not create a US law under which you could seek prosecution in federal courts of a person in Peru or North Korea who steals your stuff in ...
user6726's user avatar
  • 215k
1 vote

Congressional power to protect right to travel across state lines for accessing abortion

Does Congress have the power to limit States' enforcement of legislation characterizing such travel as criminal conspiracy, Yes. This flows from the Article I, Section 8 power of Congress to regulate ...
ohwilleke's user avatar
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1 vote

If Roe is overturned, could Congress still protect abortion rights?

A ruling that overturns Roe would list specific reasons, so we'd have to see what the articulated principles are. The commerce clause is the obvious least-questionable weapon in the federal arsenal. ...
user6726's user avatar
  • 215k
1 vote

Are there any restrictions on the taxes or duties a U.S. state can levy?

There are at least five main federal limitations on state taxation, in addition to those imposed under state constitutions. Subject to these limitations, the power of states to impose taxes is plenary ...
ohwilleke's user avatar
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