SharksWithLasers -- Seth Cooper

A CUTTING-EDGE BLOG FOR THE WORLD OF THE 21st CENTURY, Currently operated by Seth L. Cooper, a 27 year-old attorney in Seattle (sethlcooper at comcast dot net)

Wednesday, June 22, 2005

FEDERAL PRE-EMPTION COMES TO NEW YORK STATE. The Federalism Project's AG Watch blog has a recent post discussing a recent lawsuit filed by the the U.S. Office of the Comptroller of the Currency (USOCC) against NY Attorney General Eliot Spitzer. At issue are some banking laws and regulations. Under the National Banking Act and pursuant to Article VI, Section 2 of the U.S. Constitution, the federal government has the full force of federal supremacy in this area. And the feds are making it clear in this instance, filing suit against AG Spitzer's office.

This is interesting. I periodically point to big articles discussion NY's well-known AG. The reason being is that he is not only a very visible public figure who wields much power, has been involved in many high-profile cases and has often been a vigorous prosecutor of his cases in the court of public opinion--but because many of the big cases he is involved with have nationwide ramifications.

I don't know the particulars of this lawsuit by the USOCC, having only skimmed the complaint. But, as the AG Watch folks have noted, the USOCC is onto something here. We have a federal constitution, a U.S. Congress, a federal judiciary and federal departments in the federal executive to deal with INTERstate matters. I think that is just as good of an idea when the Founding Fathers wrote and ratified the Constitution as it is today.

(Downtown Seattle, WA)


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