January 30, 2024 | There is a general assumption that federal law always overrides state law but this is not true. Those powers not delegated to the federal government as defined by the Constitution are automatically reserved to the States and to We the People. The key phrase in the Supremacy Clause is: “in Pursuance thereof;”
With regard to the Supremacy Clause, Alexander Hamilton stated: “It EXPRESSLY confines this supremacy to laws made PURSUANT TO THE CONSTITUTION.”
Related: Overview of Supremacy Clause | Constitution Annotated | Congress.gov | Library of Congress
James Madison said, “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.”
The presentation below from The Tenth Amendment Center breaks down the Supremacy Clause.
Article. VI. Supremacy Clause – IN PURSUANCE THEREOF
One of the most twisted and abused clauses of the Constitution – most people get it almost totally backwards.
Link To Video HERE
SHOW LINKS:
- JOIN TAC
- Show Archives
- Cornell Law – Supremacy Clause
- Constitution – Full Text
- Maharrey – Understanding Federal Supremacy
- Alexander Hamilton – Federalist 33 (3 Jan 1788)
- William Davie – North Carolina Ratifying Convention (28 July 1788)
- St. George Tucker – View of the Constitution of the United States (1803)
- Gov. Johnston – North Carolina Ratifying Convention (28 July 1788)
- James Iredell
- Alexander Hamilton – New York Ratifying Convention (28 June 1788)
- James Madison – Federalist 45
- John Taylor of Caroline – Construction Construed and Constitutions Vindicated (1820)
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