Federal Preemption Should Be Easily Decided

    The supremacy clause states that the United States Constitution, treaties, federal laws, and federal regulations are the supreme law of the land, if this didn’t exist then states would have more power over the federal government.

The Supremacy Clause is a statement in the US Constitution that says that “the laws of the United States… shall be the supreme law of the land.” This was created to resolve any disputes among laws of the states and of the nation. The supremacy

In the Marbury Vs. Madison’s case Justice John Marshall represented the case and I strongly believe that his points were solid and worth to be granted true and rational. John Marshall’s argument is that the acts of Congress in conflict with the Constitution are not laws and therefore are not progressed into law to the courts, and ultimately the judicial boards’ first responsibility is always to practice and to make firm of the Constitution.

11. Which clause states that the Constitution, and federal statutes and treaties, shall be the supreme law of the land.

a. Supremacy Law- “ The constitution and the laws of the United States which shall be made in the pursuance thereof... shall be the supreme law of the land.”

A. The Ninth Circuit Court of Appeals Correctly found that S.B. 1070 is Preempted Because it Interferes with the Administration and Enforcement of Federal Immigration Laws

The Tenth Amendment states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states’, are reserved to the states’ respectively, or the people (List of Amendments to the United States Constitution). The Bill of Rights is a clear establishment of the restrictions on Federal authority. James Madison, along with numerous other framers, feared the monarchical powers. The framers fought against the tyrannical rule of the King, setting forth the foundation upon which the colonies designed their government and consequently led to the authoring and ratification of the Constitution. The US Constitution’s purpose can be said to have been to fill in the gaps of all the unenumerated powers of the states. This is where we begin to understand the confusion of two centers of power with sovereign authority. Which one leads the nation by authority? Or as I like to say, “which came first, the chicken or the egg?” The Supremacy Clause was set forth to dispel the issues that confuse us all between the federal law and state law. Article VI of the Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, and the judges in every

“Federalism, central to the constitutional design, adopts the principle that both the National and State Governments have elements of sovereignty the other is bound to respect.” Arizona v. United States, 132 S. Ct. 2492, 2500 (2012). The Supremacy Clause provides a clear rule that federal law “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.” Art. VI, cl. 2. Under this standard, Congress has the power to preempt state law. Arizona, 132 S. Ct. at 2495; Crosby v. National Foreign Trade Council, 530 U.S. 363, 372 (2000); Gibbons v. Ogden, 9 Wheat. 1, 210–211 (1824). However, it is assumed that historic State police powers are not superseded “unless that was the clear and manifest purpose of Congress.” Arizona, 132 S. Ct. at 2501; Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947).

National supremacy refers to the idea that when there is a conflict between a state law and a federal law, the federal law takes precedence. It comes from the Supremacy Clause in Article Six, Clause 2 of the United States Constitution. The clause makes the United States Constitution, its treaties, and its federal laws the highest laws in the land.

It is important because it brings a balance of power by allowing states to make their own laws and still keeping the national government as the supreme decider for situations when conflict arises. In Gibbons v. Ogden, New York tried to monopolize on steamboat operations. The federal government has the power to regulate any and all interstate activity under the Commerce clause and this is enforced through the Supremacy clause. New York exercised an authority that is reserved to the federal government through the Commerce clause. As a result of the Supremacy Clause, Congress is given power over the states. Any nature of interstate commerce fell under federal government jurisdiction. In the Gibbons v Ogden case, the Supreme Court upheld broad congressional power to regulate interstate commerce, stating that the New York Law was invalid by virtue of the supremacy clause. Marshall's was one of the earliest and most influential opinions concerning this important clause. He concluded that regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power reserved to and exercised by the Congress. This case is an example of federalism were the Federal government is given a power that over the states and supersedes States’

The supremacy specifies what powers the federal government does or does not have, the supremacy clause also makes any state law that conflicts with a federal law invalid. With the supremacy clause in place states had no place to participate, interfere, control, and regulate any federal issue. An example of this is the 1819 Supreme Court Case of McCulloch v. Maryland where the Supreme Court ruled in favor of McCulloch since Maryland unconstitutionally taxed the Bank of United States since it was a federal institution. Federalism under Marshall Court greatly expanded the national government’s power, however his successor Justice Taney supported dual federalism which would favor both the national level and state level governments. The basic practice at the time was that the federal government was left with to its enumerated powers and all other powers would belong to the state government. Under dual federalism the federal and state governments would work together on policies. All was well until the mid 1800’s when slavery became a hot topic in America. A major reason why the South seceded from the United States and formed the Confederation was because the national government was forcing their policies on the local Southern state governments rather than try to negotiate and work with them. After the Civil War dual federalism came back in place as the

The judicial Power is entitled to all citizens Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”The jurisdiction of the federal courts was further

Under the doctrine of preemption, federal law preempts state law, even when the laws conflict. The doctrine of preemption is based on the Supremacy Clause established under Article VI of the U.S. Constitution which dictates that federal law “shall be the supreme Law of the Land.”

The Supremacy Clause is the clause that establishes the federal government’s authority over state governments. The Supremacy Clause is found in the U.S. Constitution in Clause Two of Article Six. This Clause upholds the United States Constitution, federal statutes, and treaties as "the supreme law of the land." Federal law’s supremacy applies only if Congress is acting in fulfilment of its constitutionally authorized powers. The Clause directly 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 United States, 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.” The Supremacy Clause was born from the Federalist Papers which are writings of Federalist James Madison.

On the other hand, as regards the modern states, the mother of all laws is the constitution. It therefore