the Supremacy Clause

Question

Compare the second clause of Article VI of the Constitution (the Supremacy Clause) with the 10th Amendment. Are all laws passed by the national government supreme over state law? If not, which ones are supreme and how can they be distinguished from those which are not?

Answer 1

The Supremacy Clause (Federalism and Federal Preemption):

The "Supremacy Clause" at Article VI, Paragraph 2 of the US Constitution is both an "affirmation" and a "limitation". The Federal government is responsible for matters of nationwide concern. However, and dependent in large part on the political bent of Justices and Judges at any given point in time, the powers of the Federal government are constitutionally limited. There are boundaries, some more visible than others. Some below the radar, some not.

> If a Federal duty or power is not enumerated in the Constitution then the states are generally free to make their own laws- particularly if the public policies of one state may be different than the public policies of others. This is sometimes called the "Enumerated Powers Doctrine". This is the doctrine at the heart of every battle over "States Rights". Enumerated powers may be express ("herein granted") or implied ("necessary and proper"). The limited powers of the U.S. Congress, the Executive Branch, and the Courts are chronicled in Articles I, II, and III of the Constitution.

> In addition to granting powers to the Federal government, the U.S. Constitution denies certain powers to the states in the absence of Federal congressional consent. Article I, Section 10.

> Nevertheless, states are encouraged to engage in prudent law-making. The states are seen as cauldrons for normative experimentation. Which laws are necessary and which are not? Which laws will be respected by the general body-politic and which will not? Which laws can be efficiently and effectively enforced and which cannot? Which laws are understandable and which are not? Which laws will generate societal outrage and which laws (or judicial interpretations of those laws) will generate nothing more drastic than respectful and orderly debate?

Answer 2

The Supremacy Clause provides for the Constitution and the Laws created by the United States to be the “Law of the Land”, which means that the federal government holds power over any laws created at the state level. The tenth Amendment is meant for states to create laws that are not currently reserved by the federal government.
This means that states can make their own laws that the Federal Government currently does not have the power to enforce. Whenever a state proposes a law that conflicts with a federal law, the federal government will always win. For example, if a state wanted to reintroduce slavery, the Supremacy Clause and the 13th Amendment would supersede the state’s request. A state however, can make their own traffic, and criminals law, etc.
The Federal government is responsible for making laws regarding the military, money, taxes, international relations, etc. The states are responsible for state level taxes, transportation, capital punishment, family law, etc.

Answer 3

States cannot pass laws that violate the Constitution or the Bill of Rights or any national laws. But - if a power is not explicitly given to the national government, then the state has autonomy over that power. The 10th amendment guarantees that. So if a power is not covered under a constitutional basis, the state has the right to that power. However, states do not have the right to determine what laws are or are not covered under a constitutional basis. That power is left to the federal government.