Shark Fins

The LPOV Group sits down for a wide ranging discussion of Article VI Clause 2, the Supremacy Clause.

Shark_finningWhen California passes a law that bans the possession, distribution or sale of Shark fins in the State, a Chinese-American Neighborhood Association sues, claiming that they are being discriminated against by the law. There is a claim of Equal Protection, a claim under the Commerce Clause, and a claim that the United States already has laws dealing with Shark fins, and that those those laws should take precedence over California’s law.

Is there any merit to the claims? Is it racist to outlaw Shark fins? Does the law interfere with Interstate Commerce? Most of all, does the Federal law take supremacy over the States law banning shark fins?

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Posted on August 2, 2015, in Constitution, Dave, Jeff, Patrick, Podcast and tagged , , , , , , , , , . Bookmark the permalink. Leave a comment.

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