The Issue Of National Supremacy

    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.

Article VI, Clause 2 (National Supremacy Clause) – The Federal Government, in expressing any of the powers

Describe the Supremacy Clause and explain what happens when there is a direct conflict between federal and state law.

In Marbury v. Madison in 1803, Marshall overturned an act of congress for the first time that conflicted with the constitution. It was a daring step for a politically vulnerable court and Marshall crafted the opinion in such a way that Thomas Jefferson could not reject it. John Marshall had strong views that made him dominate the court from 1801 to 1835 and personally responsible for evaluating it in person of real authority. Marshall, also shared his power with other follow Justices that often curved his opinions in order to arrive at consensus decisions. Marshall established a model that all future Chief Justices would be measured to. The United States Supreme Court used the Necessary and Proper Clause in the McCulloch v. Maryland case. McCulloch v. Maryland case debated that if congress have the power to charter a bank. In 1791, the first charted bank; the First Bank of the United States was created, but the

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.

Maryland case in 1819. John Marshall led the case and it was against James McCulloch a clerk who failed to attach his state revenue stamps to his banknotes. Marshall stated the “necessary and proper” clause to sanction the powers of the federal government. Marshall proved that the federal government has power over the states therefore strengthening the government and economy. Marshall also declared that a state taxing the federal bank is unconstitutional, in turn saving the national bank and the economy. The Gibbons vs. Oden case in 1824 helped establish national supremacy in regulatory interstate commerce therefore improving the nations

Throughout history, many cases have gone beyond local courts and have reached Supreme Court. One of the most famous cases to reach Supreme Court is Marbury v. Madison. Marbury v. Madison was a case that was fought because James Madison refused to deliver Marbury’s commission. In return, Marbury had petitioned for a writ of mandamus in order to receive his commissions. The Supreme Court had reinforced the “Marbury” decision in many cases, for example McCulloch v. Maryland, Cohens v. Virginia, and United States v. Le Baron.

In 1819, McCullogh v. Maryland took place. McCullogh, a business manager, is taxed twice, once at a state level, and once at a federal level. Thinking this is unjust, McCullogh sues Maryland and McCullogh wins. This court case declares national supremacy over banking.

In the decision regarding Gibbons v. Ogden, Marshall ruled that a state can't grant a monopoly when it is related to interstate commerce. This gave supremacy to the national government in issues regarding interstate commerce. Through his interpretation of Article I, Section 8 of the Constitution, John Marshall successfully increased the power of the national government.

The Marshall Trilogy is a term used to describe the three federal court cases that are the basis of federal Indian Law. John Marshall was the Chief of Justice during this time and he played a significant role in these cases. John Marshall and other justices believed that Native American tribes should be allowed to retain their independent “nations” status, and only the Federal Government would have the power to relate with them.

Court cases were introduced debating the power of the national government over the power of the state government. The decision in the McCulloch vs. Maryland court case in 1819 stated that “ the powers of the general government... Are delegated by the states, who alone are truly sovereign; and must be exercised in subordination to the states, who alone possess supreme dominion” (Document D). This was clearly an issue in this time period, having to be resolved by a court and a jury. Political figure such as John Quincy Adams and President Monroe also face disagreements regarding the country's political stance.

What are the legacies of the Marshall Court? Which decision do you think has had the most lasting effect on American Government?

A landmark case in United States Law and the basis for the exercise of judicial review in the United States,

The first Act of Supremacy was introduced by Henry VIII in 1534 during his rule of England. Later, when Elizabeth I came to the throne, the second Act of Supremacy was introduced to bring back the reforms that Mary had abolished. Both of these acts have many similarities but also some fundamental differences that helped indicate the type of ruler each monarch would be. Before discussing the differences it is important to first understand how the Act of Supremacy came about.