Law Professor Says Feds Will Challenge Prop C

6 years 10 months 3 weeks ago August 04, 2010 Aug 4, 2010 Wednesday, August 04 2010 Wednesday, August 04, 2010 6:36:40 PM CDT in News

JEFFERSON CITY - A University of Missouri law professor says Prop C supporters shouldn't get their hopes up after the measure's passage Tuesday night.

Article Six of the U.S. Constitution contains the Supremacy Clause. It states that in cases where federal and state law clash, federal law prevails.

Professor Richard Reuben believes the federal government will use the law to challenge Prop C.

"When it does get to the courts, it should be a no-brainer, the Supremacy Clause is very clear," said Reuben.

Reuben believes the Republican party may have used Prop C as a tool to get more of its voters to the polls and build passion on the issue. He said Republicans might carry that passion into the polling booth during the general elections in November.

"This is really more about politics that it is about law, the law really should be pretty clear," said Reuben.

Republican leaders say Prop C is a prime example of citizens voicing concern over their freedom.

"It's a huge statement, you can't deny that and Missouri is the first in the nation so it will be interesting to see how the other states in this nation progress and follow suit," said Rep. Jeanie Riddle (R-Mokane).

Reuben compared the dispute between state and federal government to the conflict over the Arizona Immigration Law. A number of other states are also challenging the federal health care bill through ballot measures.

Lieutenant Governor Peter Kinder, the only Republican elected to Governor Nixon's administration, is suing the federal government on behalf of himself and not the state.

Prop C passed Tuesday night with 71-percent voting yes.

 

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