HikerGuy83
Diamond Member
- Dec 26, 2021
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The Supremacy Clause was put in the USConstitution to ensure that federal law would not have to compete with state law......
within the limited purview of the Federal Government as defined by the Constitution.
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; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
This is consistent with history leading up to the ratification of the constitution and the way the USConstitution was presented to the states at the time.
When considered in light of Federalist 45 (where Madison clearly states the powers of the federal government are FEW and DEFINED), then "in Pursuance thereof" helps clarify that:
Any law congress passes in attempting to accomplish it's purposes as described in the USConstituiton are supreme. But if federal law wonders past the fenceline, then the clause has no application.
Some seem to think it is carte blanche for the federal government to do whatever it wants.
That isn't the case.
within the limited purview of the Federal Government as defined by the Constitution.
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; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
This is consistent with history leading up to the ratification of the constitution and the way the USConstitution was presented to the states at the time.
When considered in light of Federalist 45 (where Madison clearly states the powers of the federal government are FEW and DEFINED), then "in Pursuance thereof" helps clarify that:
Any law congress passes in attempting to accomplish it's purposes as described in the USConstituiton are supreme. But if federal law wonders past the fenceline, then the clause has no application.
Some seem to think it is carte blanche for the federal government to do whatever it wants.
That isn't the case.