Which Law Is Considered the Supreme Law of the Land

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What is the link between the primacy clause and this ongoing tension at the heart of the Constitution? He gives us at least one clear example where nationalist values prevail. Within its competence, the Federal Government is above the Länder. (Even here, however, people disagree — both on the scope of these powers and on how to decide when an exercise of federal power should replace state law.) But does the primacy clause contain a general lesson about the respective status of states and the federal government, and does it indicate broader federal supremacy? Or, on the contrary, does it suggest that whenever federal supremacy is not explicitly mentioned, it does not exist? As always, the Constitution leaves some questions unanswered, open to debate and resolution by the American people. “. all laws that violate the Constitution are null and void “Marbury v Madison 5 US 1803 (2Cranch) 137,174,170) To begin with, the primacy clause contains the Constitution`s most explicit references to what jurists call “judicial review”—the idea that even properly enacted laws do not contain rules that the courts can decide to the extent that the laws are unconstitutional. Some scholars say that the reference of the supremacy clause to “laws of the United States to be made for [the Constitution]” itself implies this idea; In their view, a federal law is not “made in pursuance of [the Constitution]” unless the Constitution actually authorizes Congress to do so. Other scholars say that this term simply refers to the legislative process described in section 1 and that poorly enacted federal laws that are constitutionally consistent are different from properly enacted federal laws that are not. But no matter how one analyzes this specific phrase, the supremacy clause undoubtedly describes the Constitution as a “law” of the kind that courts apply. This is a pillar of the argument for judicial review. In addition, the supremacy clause explicitly states that the Constitution binds the judges of each state, regardless of conflicting state laws. Which comes first, the nation or the states? Who is the ultimate sovereign in our American system – a national people represented by the federal government, or the different states that are considered different political entities? As the highest court in the United States, the Supreme Court has the power to revoke a federal law passed by Congress if it is found to be unconstitutional, showing that the Constitution actually rules over the rest of the government. The Supremacy Clause of the United States Constitution (Article VI, Clause 2) states that the Constitution, federal laws enacted under the Constitution, and treaties entered into under it constitute the “supreme law of the land” and therefore take precedence over any conflicting state law. [1] It provides that state courts are bound by supreme law and state constitutions are subordinate to it.

[2] However, federal laws and treaties take precedence only if they do not violate the Constitution. [3] One of the main objectives of the Constitution drafted by the Convention was to create a government with sufficient powers to act at the national level, but without so much power that fundamental rights would be threatened. One way to do this was to divide the power of government into three branches, and then introduce control mechanisms for those powers to ensure that no branch of government gained supremacy. This concern stemmed largely from the delegates` experience with the King of England and his powerful parliament. The competences of each branch are defined in the Constitution, the competences not conferred on them being reserved to the States. In modern times, the Supreme Court has recognized various ways in which federal laws can replace or “anticipate” state law. Some federal laws contain explicit “preemption clauses” that prohibit states from enacting or enforcing certain types of laws. Other federal laws have been interpreted as implicitly depriving states of their legislative authority in a particular area. But even if a federal law does not contain an explicit preemption clause, and even if the law does not implicitly occupy an entire domain to the exclusion of state law, the guidelines that the law actually establishes still supersede any conflicting guidelines that the law of a single state might claim to provide. The Constitution calls itself the “supreme law of the land.” This clause is understood to mean that if constitutions or laws passed by state legislatures or the National Congress are contrary to the federal constitution, they have no force.