1. The Supreme Court had to decide if the state had power over the federal government in regulating commerce based on Article I Section 8.…
What exactly shall be the supreme law of land? “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.”…
* The constitutional established supremacy as the fed. Gov. (preemption- when fed. Law or regulation precludes enforcement of state/loc. Law or regulations.)…
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,…
5. The supremacy clause of the Constitution provides that a state law is invalid when it directly conflicts with a federal law. T…
Under the supremacy clause, a valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject. True…
However, the two constitutions define the supremacy spheres differently. In the US constitution, the federal supremacy is well defined in “Article 1 Section 8”. This section gives the jurisdictional authority to the Congress. Several other articles and sections provide the federal government the prominent authority over the international trade, interstate, national defence, and universal or international relations. It also provides the federal courts to have the power to settle down disputes between states and foreign governments.…
Article VI – The supremacy Act Clearly states that the federal gov is supreme over state.…
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…
Articles I, II, and III of the Constitution clearly delineate the division of power between the three branches of government in an attempt to keep any one branch from becoming more powerful than its counter parts. Article I clearly defines powers of Congress ‘to regulate commerce among the states and with foreign nations,” among others. I like the way Article II allows each state to take part in the selection of the President and Vice President yet clearly states Congress alone cannot elect them. Article III establishes the federal court system that oversees the court systems of the states. The Judicial branch, specifically the Supreme Court is the final arbiter and interpreter of Constitutional law. Article IV clearly establishes a set of checks and balances which apply to all states in the Union clearly outlining acceptable behaviors for all states. While the 10th Amendment states and I am paraphrasing, any power not specifically delegated in the Constitution is decided by the states.…
The heart of the constitution is the National Supremacy Clause, which states that the constitution and federal laws are the "supreme Law of the Land," meaning it is superior to the law of the states. I personally do not think that the federal laws should always supersede state laws, but there can be times in which the federal government wants the entire country on the same page and they can use their power to do so. The federal government should create laws that effects, and sometimes benefits the country as a whole. The states, on the other hand, should create laws that are unique to the people living in them that do not interfere with the laws set by the federal government.…
Stated in Article III section 2 of the constitution are the powers of the Supreme Court, “The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made,…” (U.S Const. article III. sec 2). One of the most important cases that dealt with what the powers of the Supreme Court was Marbury v Madison. Marbury v Madison was a landmark Supreme Court case because the out come helped form the country we have today.…
The case "Marbury v. Madison began on March, 1801, when a Proponent, William Marbury, was assigned as a magistrate in the District of Columbia. William Marbury and various others were constituted to government posts made by United States Congress in the last days of President John Adams's administration; merely these eleventh hour appointments were never completely nailed down. The dissatisfied appointees raised an act of US Congress and litigated for their jobs in the Supreme…
Although the political process has the final decision in how the power is divided between the national and state governments, the Supreme Court is often the final say in the debate about which level of government should do what, for whom, and to whom. This role was claimed for the Courts because of the outcome of McCulloch v. Maryland case, in which the state of Maryland levied a tax against the Baltimore branch of the Bank of the United States and was then challenged in court by James McCulloch. McCulloch was a cashier of the bank who refused to pay the tax levied against the bank on the grounds that a state could not tax an instrument of the national government. In this case, it was decided by Chief Justice John Marshall to set forth the doctrine of National Supremacy, which states that in cases of conflict between the constitutionally authorized actions of the national government and those of the state or local governments, the actions of the federal government is supreme. In this decision, the Supreme Court dealt a great blow to a claim of states rights by rejecting a states attempt to interfere with a legitimate federal activity. As a result, this decision transferred power away from the states toward the national government.…
The Constitution is the highest law in the United States. All other laws come from the Constitution and Amendments. It rules how the government should work. It creates the Presidency, Congress, and the Supreme Court. Each state also has a constitution. The constitutions of the states are their highest law for that state — but the United States Constitution is higher.…