Question:

How does the Supremacy Clause apply to state laws?

by  |  earlier

0 LIKES UnLike

Why is it important that the state laws be subordinate to the federal laws? Should there be limitations and why?

 Tags:

   Report

2 ANSWERS




  1. Article 6 section 2 of the Constitution established the " Supremacy

    Clause. It sets up a ladder of laws of how Constitutional

    Amendments, Laws, and Treaties of the federal, State, and even Local

    Governments are to be enforced.

    1. The Federal Constitution is 1st. Anything which conflicts with the

        Constitution or an a Constitutional Amendment is void--

        unconstitutional.

    2. Federal Law  The newer of 2 or more conflicting laws is the one

         obeyed.

    3. Federal Treaty

    4. State Constitution  

    5. State law  

                 States are NOT allowed to make Treaties

      6. Local Law

          To answer your question. The idea that the States agreed to when

          they ratified the national Constitution was that the People were

          supreme. Read the preamble of the Constitution again. " WE THE

          PEOPLE OF THE UNITED STATES" not we the States of the

           United States . The people decided to make the National

          Government more powerful than the States. The Federal

          Government when it acts represents ALL the people of the USA

          not just 1 State. The Constitution already limits the power of the

         National Government. Read the 10th Amendment. All Power not

         given to the National Government nor banned from being given to

        the States shall be given to the States.

         Some examples of this are in Public Education, Driving (licenses

         speed limits for example), marriage Laws, Divorce Laws, and Laws

         pretaining to Alcohol Consumption.


  2. That is how a federal government works.  Look at the 9 amendment to the US Constitution.  

Question Stats

Latest activity: earlier.
This question has 2 answers.

BECOME A GUIDE

Share your knowledge and help people by answering questions.
Unanswered Questions