THE SUPREMACY CLAUSE Article. The facts are fairly complex, but essentially, Danny Martin was a British subject who had land owned by a British lord. If individuals enter into a state of society, the laws of that society must be the supreme regulator of their conduct. Establishment Clause. Why attempts to convince state and local governmental officials that they can ignore Supreme Court decisions are legally incorrect and could lead to a Constitutional crisis. Supremacy Clause. The fact that the Supreme Court has authority over state courts in civil matters of federal law was further established in Martin v. Hunter's Lessee, 14 U.S. 304 (1816). Theme by WPZOOM. Why do anti-federalists dislike this clause? The Supremacy Clause tells those in the federal government that their power is limited by the Constitution and that the States do not have to submit to any imposed authority of the federal government that is not made consistent with the powers delegated by the Constitution, which the States themselves created. In 1788, Alexander Hamilton discussed this in great detail: “But it is said that the laws of the Union are to be the supreme law of the land. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. The balance of federal powers and those powers held by the states as defined in the Supremacy Clause of the U.S. Constitution was first addressed in the case of McCulloch v. Maryland (1819). Sorry, but you cannot leave a comment for this post. The concept of federalism, or that of federal power, has a long-standing history dating back to the late 1700's, during the time in which the nation's founding fathers signed the U.S. Constitution. Designed by Optimal Reach Media, Call us at (412) 454-5582 for a free consultation, “It is my pledge to you that I will use my 24 years experience as a prosecutor and criminal defense attorney to hold the state to its burden and to protect your rights.” John Marshall, the recently appointed Chief Justice of the United States, who was still Adams' Secretary of States, had to deliver the commissions, but he couldn't get the job of delivering all the commissions done by the deadline of March 4. The role of the Judicial system is to interpret what the Constitution permits. Some have called for lifetime appointments to the bench to be reduced to periodic political appointments, and even tried to use the Article IIIA federal judge who is appointed for life, during "good behavior," under Article III of the Constitution. Under the Supremacy Clause, for example, states retain authority over numerous policy areas provided that there is no conflict with federal law. I am more than happy to read and respond to your comments and opinions if you leave them below. Background. By Michael Peabody, Esq. The “supremacy clause” is the most important guarantor of national union. Since juries meet in secret, it is usually never known outside the jury room whether a decision is the result of nullification. He unilaterally defined the “supremacy clause,” and the “necessary and proper clause” of the Constitution. In fact, Article VI, clause 2 of the U.S. Constitution, referred to as the Supremacy Clause,  states, "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 US., shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.". It gave the national gov. Even if it were legitimate and enforceable, and it is not, the petition could potentially place the Judicial branch under the thumb of Congress and risk the rights of all minorities, including religious minorities, which have been secured through Supreme Court decisions at risk. The Supremacy Clause operates whether the authority of Congress is express or implied, and whether plenary or dependent upon state acceptance. 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