06.03 Battle after Battle, the Civil War Rages On Ch. 11, Sec. 3 & 4…
Generally, federal laws apply to citizens living in the U.S. and its regions. The state laws apply just to residents of the particular state. The president of United States is accountable for implementing and accomplishing the laws written by the congress. The federal courts verify these laws according to the U.S constitution. The authorized federal agency discloses a final rule in the federal register with a particular date for when the rule will become effective and enforceable. State legislatures generate and pass bills and then the state governor converts them into laws. The state courts may analyze these laws according the rules of state’s…
The U.S. Constitution will always have priority if any law is in violation of it regardless of what its source. If a state constitution does not violate the U.S. Constitution of federal law then it is supreme within the state’s borders, thus in both cases the U.S.Constitution will always prevail.…
The Court through Chief Justice Marshall has shown that the constitution is more superior than the federal law. No place in the constitution affirms the words Justice Marshall proclaimed. In making his judgment, Marshall stated that “It is emphatically the province and duty of the judicial department to say what the law is.” There is no mention of such words in the Constitution, but it has come to the attention of the courts that whenever there is a conflict of law, the constitution is always supreme (Murphy,…
The Constitution and the government it created were to be the “supreme law” of the land; no state would have the authority to deny it.…
The United states constitution is meant to serve as guide lane for all states for all states where the document is meant only to provide a basic structure to the government, and all decisions on meaning are to be interpreted by the Judiciary branch. As said by "J. Harvie Wilkinson III" "Americans…
Article VI – The supremacy Act Clearly states that the federal gov is supreme over state.…
The constitution, weather the state or national, is a blueprint or outline in regards to the distribution of power. There are two main purposes to a constitution, the first reason is to establish a government and second reason is to delegate certain powers. Every state have a state constitution that is designed for that state, however the US Constitution override all state constitution. Although Texas is the oldest constitution in the US, the constitution have many revised many time. Since the establishment of Texas Constitution in 1876, the document have been revised or amended approximately 666. There have been so many revisions to the constitution over the years, the question stand what are the strengths and weakness of the current…
Drawing from the premise of the Constitution’s Supremacy Clause and the Supreme Court’s interpretation, federal law can preempt state law in two ways. First, federal law can preempt state law when federal law…
What if the states could ignore any federal law they didn’t like, this could be a huge problem because then the states could do whatever they wanted because they would have no laws or morals. The Constitution was brought up when a man named Daniel Shays began rioting because of the faulty government. The framers of the Constitution saw the actions of Daniel Shays and wanted to create a fair and non tyrannical government that could hold a nation together. Now the question is how did the Constitution prevent tyranny, I will answer this question by analyzing three documents and gather information to show how the Constitution guarded against tyranny. Federalism is one of the ways the constitution protects against tyranny and it is defined as the division of power into the national level and the state level.…
1. What are the seven articles of the U. S Constitution and the purpose of each; -Article 1. Legislative Department All legislative Powers herein shall be vested (persons and groups that own and control) in a; Congress and House of Representatives. Establishes; Elections and meetings Legislative proceedings Rights of members Bills and resolutions Powers of Congress (both houses) Powers denied to Congress Powers denied to the States -Article 2.…
Once ratified, the Constitution set the basis for the government. Powers are divided between the federal government and the 50 states. The Founding Fathers knew they had to leave enough powers with the states when they were writing the Constitution. If they didn't, they knew the state legislatures would never ratify the Constitution. All states were granted the right to control certain things within their borders. They could do so as long as they did not interfere with the rights of other states or the nation.…
When the founding fathers drafted the Constitution, they made sure to give the federal government certain powers and the same for the states. Yet overtime, the Constitution has been interpreted in different ways hence giving the federal government more power than it was originally intended to have. At the same time the states have lost some of its power as the federal government gained jurisdiction over certain things.…
1. Supremacy of National Law: The Constitution and federal law are the supreme law of the land; they pre-empt state constitutions and state law. Article 6, section 2 explains that when a dispute occurs between the state and national government the national government pre-empts conflicting state and local laws, making them unenforceable. The hierarchy of the law is as follows:…
The Constitutional supremacy means that the Constitution is supremeover the parliament and the parliament can exercise its functions beingonly within the bounds of the Constitution. Constitutional supremacy ispossible only where the constitution is written and rigid. This constitutional supremacy is also called judiciary supremacy in thescene that the judiciary the highest court of the land is supreme overthe legislatureProfessor Hood Philips says that,“To say that a Constitution is supreme is todescribe its relation to the legislature’s power to alter the Constitutionis either limited or non-existent.”…