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re: SW and AA say they won’t abide by Abbott’s EO
Posted on 10/13/21 at 7:07 am to Lsut81
Posted on 10/13/21 at 7:07 am to Lsut81
1. EO isn’t a law
2. Is this something where Feds have supremacy over state (10th Amendment)
3. Even if 2 is true, if OSHA hasn’t actually published any rules, is it possible to claim that there is a conflict in laws until they publish it?
2. Is this something where Feds have supremacy over state (10th Amendment)
3. Even if 2 is true, if OSHA hasn’t actually published any rules, is it possible to claim that there is a conflict in laws until they publish it?
Posted on 10/13/21 at 7:20 am to teke184
Even if the federal legislation makes a law it cannot undermine the state constitution. Would not be constitutional and would be ignored. Most state constitutions, Louisiana for example, allow for free and informed consent as well as religious freedoms. If the federal government knowingly passes a law, partisan law for sure, that forces a state to bypass its own constitution then that is a government going rogue. The constitution does not give the federal government these powers. That is deferred to the state because that allows for freedom to move to another state. A federal mandate does not give you options.
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