DU Constitutional wizards: freepette friend of mine's facebook re: "Supremacy Clause"

[K8-EEE]

http://blog.tenthamendmentcenter.com/2009/09/getting-the-supremacy-clause-wrong/

I know this looks like typical BS wingnut doublespeak but am not familiar with that clause or legal precedent re: same. I KNOW some able DUer can point me to a place with the right stuff!

[NoSheep]

1. I always love the ironic statements of the Freeper:

"so they’re easily swayed by patently false statements". What could a Republican possibly know about such a thing?

[atreides1]

2. Here's what I've found.

The Supremacy Clause is a clause in the United States Constitution, article VI, paragraph 2. The clause establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land". The text establishes these as the highest form of law in the American legal system, mandating that state judges uphold them, even if state laws or constitutions conflict.


This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.

[Statistical]

3. They are right.... but they still lose.

The explanation of supremacy clause is on the money however IMHO Universal Healthcare is covered by the Constitution.

"promote the general welfare"

Health care helps more than just the individual.
If someone else has health care and gets routine care and thus doesn't get ME (or other members of society) then society as a whole benefits from that individual care. If all employees are able to get care when needed they are more productive. I can't think of anything that promotes the general welfare than universal healthcare.

Thus the supremacy clause IS limited to powers reserved for the federal govt however it would be my argument that even with that limitation it covers healthcare.

[K8-EEE]

4. Right! That makes sense.....