Whether the Supremacy Clause mandates the Court's enforcement of DOMA?

What will be an ideal response?


ANSWER: Answers may vary: Interesting question and one that may be resolved around the same legal reasoning of allowing states to control specific state matters in Gonzales v. Oregon. Regulating marriage is the province of the states and it is unlikely some federal restriction - especially because DOMA would operate specifically to exclude a certain class of citizens due process rights the states, such as Massachusetts, were willing to recognize as legitimate.

Criminal Justice

You might also like to view...

The phase known as "completion" is among Prendergast's five Cs of sex offender treatment

a. True b. False

Criminal Justice

Where is due process found in the Constitution?

A. Fourth and Fifth Amendments B. Fifth and Fourteenth Amendments C. Ninth and Thirteenth Amendments D. First and Eighth Amendments

Criminal Justice

Which of the following is the view that criminal law and the criminal justice system are means of defending and preserving the capitalist system

a. critical feminist theory b. instrumental critical theory c. power-control theory d. structural critical theory

Criminal Justice

Even at the borders of the United States, there is a reasonable expectation of privacy that has to be observed by the government

a. True b. False Indicate whether the statement is true or false

Criminal Justice