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Question

1. True or False: The Supremacy Clause of the Constitution requires that all states and courts must listen to federal law.
2. True or False: The Commerce Clause of the Constitution has assisted the expansion of federal power past the limits of dual federalism.

Answer 1

1. Regarding the Supremacy Clause, we need to understand what the term supremacy means, where the clause comes from and what its sole purpose is. Supremacy simply means "superior to others" such as a king or ruler. The clause itself comes from the United States Constitution, which is essentially the supreme law of the United States of America. In order of supremacy, federal is at the top as it branches down to state. With the understanding of supremacy and the order of supremacy for federal and state, would this be true or false?
2. Like number 1, we need to break this one down to help us understand. Commerce is the act of buying/selling on a large scale. Therefore, we now know this is what this clause of the Constitution is referring too. This clause, specifically, deals with the buying and selling among foreign nations, various states, and indian tribes. Dual Federalism is simply federal and state governments seen as co-equals but legislating (ruling) in separate spheres. The two bolded terms contradict. Dual Federalism halts what the Commerce Clause does. With that being said, would this question be true or false?