Wednesday, May 6, 2020

Throughout history, the states and the national government...

Throughout history, the states and the national government have dynamic and constantly changing powers in the Constitution. The switch from dual federalism in which the national government and the states have their own distinct powers and responsibilities to cooperative federalism in which the national government and the states share power and responsibilities amongst each other, have taken play during the Great Depressions in the United States. The Constitution defines the roles that the national government and the states have, but interpretations of the responsibilities and relationships between them have changed over time. In addition, the Tenth Amendment stated the limited powers of the federal government and whatever power not†¦show more content†¦As a result of the legalization of medical marijuana in certain states, the Obama Administration favored the states in which if an individual follows the state laws, the individual will not be prosecuted. This violated the Sup remacy clause that puts the federal government as the supreme and dominates over the state laws since the use of medical marijuana was legalized in 18 states and the District of Columbia even though the federal law states that marijuana is an illegal drug. Another example of the supremacy clause based on the idea of implied preemption is the Wyeth verse Levine (2009) case. Diane Levine suffered a migraine headache and was treated with Phenergan. A physician’s assistant of Wyeth pharmaceutical company administered the drug through an IV push, which was not stated as danger on the label. The injection of the drug hit the artery instead of the intended vein, which caused Levine to amputate most of her arm. This caused for Levine to sue Wyeth in Vermont Superior Court since she felt that it was their responsibility due to their negligence and unawareness of informing the patient. On the other hand, Wyeth believes that since the Food and Drug Administration (FDA) approved the labe l and the IV push method was not declared as forbidden, then they should not be liable for the damages caused. The Vermont Superior Court ruled in favor of Levine since Wyeth could have added more warnings to the labelShow MoreRelatedImmigration Law Immigration law is a very interesting area of the law in which one has the1600 Words   |  7 PagesIn the United States, immigration law refers to the different governmental policies that control foreign immigration to the country. Also, immigration law governs the legal status of people already in the country in matters such as citizenship and permanent residency. The United States maintains strict immigration laws; these laws regulate both the right of entry and internal rights of a foreigner. These rights can involve the duration of stay and the right to participate in government. 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