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Supremacy Clause

How does the "Supremacy Clause" affect the relationship between states and the federal government?
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    What the Supremacy Clause does, is state that any law created by the federal government that falls IN LINE with the powers enumerated with the Constitution, are supreme across all States. So if a law does not fall in direct order with the powers given to the FedGov, it need not be followed by the States or the People.
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  • That means there shouldn't be a lot of conflict between the FedGov and the States because the FedGov must have the approval of 2/3(?) of the states to make a law....right? Then the only conflict between the two would probably be a matter of interpretation as to whether the FedGov has the "enumerated power" to make a particular law and THAT is decided by the Supreme Court - correct?
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  • The Supreme Court isn't the final arbiters of the Constitution, as they didn't write it but are subject to it. The States are since they are the ones who granted the powers to the branches of the FedGov with the Constitution.

    Originally, the Senate was to be the representatives of the States but that changed with the 17th. The Senate was to be a check on the Representatives and vice versa.

    The % majority of when a bill becomes law is left to the rules of each house.
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    • The first, and missing part of these 3 cont.'s:
      The 17th, the 16th, and essentially all the Amendments after the so-called "Civil War" are a continuation of the "reconstruction" that was started then.
      The States created the US Federal Government via the US Constitution 1787.
      Assuming the creator is superior to the created, the States had sovereign power to enforce the limits of US Constitution upon the Federal Government.
      With the 17th Amendment, the States lost some sovereign power by losing their power to select US Senators.
      The States lost much more sovereign powers via the 14th Amendment. The Federal Government that was founded 1787 is not the same Federal Government that was reconstructed beginning 1861.
      ---cont.---
    • The government continues to use the Commerce Clause for just about anything it wants to do. What if anything can states do to rein in this Clause? It's almost a "circular problem" in the states are governed by the Commerce clause, but many aspects of the clause are clearly overreaching the intent of the Commerce Clause.

      In the case of Wickard v Filburn wherein the government said that a farmer growing his own grain (wheat) was affecting interstate commerce as it impacted negatively on other states that COULD have been able to sell their product to him. This, even though the grain was grown on his ground. Where do property rights play a role here?

      Our government is outta control. I'm a poor biochemist turned businessman, and former naval officer. Some of you might remember that old commercial where there is an native American Indian standing by the side of a lake, gently weeping about what has happened to his land. Folks, I am that Indian now...gently weeping at what has become of our country.

      Read, learn, and most of all, ACT.

      Pledge your Life, Liberty and Sacred Honor to this blessed country. Start with the heart, then really get brain in gear...
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  • This reply was removed on 2011-11-05.
    see the change log
  • This reply was removed on 2011-11-05.
    see the change log
  • This reply was removed on 2011-11-05.
    see the change log