Why Do Constitutional Laws have more power than State Laws?

Answer 1

First, above all, the Constitution (hereinafter Constitution) and the Bill of Rights are the founding documents of our Constitutional Republic, which is made up of the fifty states and is an exemplar of Federalism - the principle that governmental powers are shared by both the federal and state governments. The Constitution is the absolute highest law in the land. Under it, state constitutions (hereinafter States) are required to comply with the Constitution (for instance everyone has a right, under the Constitution, to receive a trial by jury, so States can't take that away for any reason) and there are certain powers that are exclusive to the Constitution. There are also provisions that give States specific powers, as well. The Federal government's obligations to its citizens and the exclusive powers maintained by the Constitution are usually exclusive because of the need for uniformity and certainty in these areas of nation-wide interests and laws. They include the power to print money and mint coins, declare war, establish and maintain a navy and army, enter into treaties with foreign countries, regulate commerce between states, trade internationally, establish post offices and issue postage, make laws to uphold the Constitution and police and patrol our national borders as well as determine who may enter the US and/or become a citizen. These are exclusive to the federal government and cannot be abridged by the states. As you can see, most of them are areas where, if every state had its own powers and rules in this regard, life would be exceptionally complicated and disjointed. For instance, imagine if you had to get a VISA (travel documents) to vacation and travel from California to Arizona. This would seriously hamper commerce, stunt economic growth and lead to huge headaches. Remember though, under the Constitution and Federalism, the States do retain some powers that are exclusive to them. These are mostly related to the "health and welfare" of the people of a state, like, for instance, forming police forces, establishing professional (like attorney, doctor, nurses and teachers) guidelines and rules of professional responsibility, provide indigent medical care and housing and other things of this nature. Under the Constitution there are some caveats to this, like the Commerce Clause, which states that the Federal Government can regulate "interstate commerce" to allow for free movement of its citizens and supplies. Traditionally, this clause has been construed very broadly and was responsible, in great part, for ending the doctrine of separate but equal and was used to enforce the Civil Rights Act. One example of this are the rulings by the Supreme Court which said private businesses could not deny service to anyone because of their race, color, creed, nationality or gender. This clause is greatly responsible for the watershed moment of equality under the law and was the mechanism for enforcement of the great Civil Rights Act. Another clause, and "full faith and credit clause", provides that every state must give other states' laws and all Federal Laws "full faith and credit" and uphold them in practice. Interesingly enough, this issue is still a sticking point today, with several states allowing gay marriage and I fully expect that eventually a case will be presented and it will be argued that other states must honor and maintain the marriages, giving them full faith and credit, because there are now examples of persons who married, are of the same gender, have moved from a state that recognized gay marriage to a state that doesn't and are now seeking a divorce or are trying to enroll on their spouse's insurance or provide for and make major medical and final arrangements for their spouse. The 10th Amendment is also important to understanding our Federalist system. This Amendment states that all powers not delegated to the Federal Government are "reserved" for the states. Finally, there are some powers that are concurrent, or held jointly, by the Federal Government and the states. Some of these powers are: funding and building roads, chartering and regulating corporations, preserving order and enforcing the laws, creating and collecting taxes, regulating working spaces and businesses, establishing a national power "grid", protecting the environment and things of this nature. I hope that this answers your question and encourage you to examine and explore cases based on the Commerce Clause, 10th Amendment, Full and Credit Clause and the sharing of governmental power further at your local law library or public library to get a more in depth understanding of this concept.

Answer 2

The Federal Government has specific rights reserved for it by the Constitution. The States agreed to this when they became states. The Civil War was fought over the concept of state's rights.

Answer 3

That's what the Civil war was over