Why is a supremacy clause needed in a federal system?

What is one purpose of the supremacy clause?

The supremacy clause in the constitution that creates the order of law and the legal system for the United States. The supremacy clause is the provision in Article Six, Clause 2 of the United States constitution.

Why is some kind of supremacy clause needed in a federal system?

So the government won't do anything that will go against the constitution. There is no higher power above the constitution.

Are the States more powerful than the national government in a federal system?

No. Because of the tendency of the Supreme Court to rule in favor of the federal government as well as the "supremacy clause" (Federal Laws override state laws if there is a conflict) in the constitution, the federal government exercises more authority and overall power than state governments.

In a federal system the states are more powerful than a national government?

No. Because of the tendency of the Supreme Court to rule in favor of the federal government as well as the "supremacy clause" (Federal Laws override state laws if there is a conflict) in the constitution, the federal government exercises more authority and overall power than state governments.

In what ways did the Supremacy Clause of the constitution anticipate some of the problems associated with federalism?

Duel system (which is federalism) of government would inheritable lead to conflicts between national government and states governments. Framers anticipated this and provided the Supremacy Clause with its "ladder of laws". A system of prioritization of authority that can be applied whenever these conflicts occur.

What amendment confirms the federal system of government?

It's not in the amendments, the enumeration of powers of the legislative, executive and judicial branches are laid out in the first three Articles of the Constitution. There's also Article 6, paragraph 2 declares that the laws of the federal government and the Constitution are the supreme laws of the land. This is referred to as the Supremacy Clause.

How is the necessary and proper clause related to federalism and states rights?

The Necessary and Proper Clause, found in Article I, Section 8 of the U.S. Constitution, grants Congress the authority to make laws deemed necessary to execute its enumerated powers, thereby expanding federal power. This clause is pivotal in the context of federalism as it allows the federal government to adapt and legislate in areas not explicitly outlined in the Constitution, often leading to tensions with states' rights. States may argue that this broad interpretation undermines their authority and autonomy, as federal laws can supersede state laws under the Supremacy Clause. Thus, the Necessary and Proper Clause plays a crucial role in balancing federal and state powers in the American political system.

Why did the framers of the us constitution created a federal system in which federal laws have supremacy over state laws?

The framers of the U.S. Constitution established a federal system with federal laws taking precedence over state laws to ensure a cohesive national framework that could effectively address issues transcending state borders, such as commerce, defense, and civil rights. This supremacy clause was designed to prevent conflicts between state and federal laws, which could lead to legal confusion and undermine the authority of the national government. By creating a strong central government, the framers aimed to promote unity and stability while allowing states to retain some degree of autonomy in local matters.

How did framers ensure the state government?

The framers of the U.S. Constitution ensured state government authority by establishing a federal system that divided powers between the national and state governments. They outlined specific powers for the federal government while reserving others for the states, as seen in the Tenth Amendment. This balance was intended to protect states' rights and allow local governance to address regional needs. Additionally, mechanisms like the interstate commerce clause and the supremacy clause were included to manage conflicts between state and federal laws.

Which parts of the Constitution suggest that the framers was to create a strong centralized political system?

The framers of the Constitution aimed to create a strong centralized political system primarily through the Supremacy Clause (Article VI, Clause 2), which establishes that federal law takes precedence over state laws. Additionally, the Necessary and Proper Clause (Article I, Section 8) grants Congress the authority to make laws required for executing its powers, allowing for flexibility and centralization of authority. The establishment of a strong executive branch (Article II) further emphasizes the desire for a unified national leadership. Lastly, the system of federal courts (Article III) reinforces the federal government's power by providing a judiciary that can interpret laws uniformly across states.

Is the supreme law of the land a state constitution?

Yes. Article VI. Clause 2 of the U.S. Constitution, also known as "The Supremacy Clause," 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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." So, the Constitution, laws, and treaties are the supreme forms of law in the U.S. legal system. This means that all state courts must fall under the jurisdiction of these before their own laws or constitutions. Basically, the Supremacy Clause asserts the Federal Government's rule over the states.

Which part of the constitution states that federal laws and treaties outweigh states laws?

The part of the Constitution that says federal laws outrank state and local laws is called the "Supremacy Clause". You can find this answer if you go to ask.com and then type in Supremacy Clause. It will then take you to the definition of this clause. The site is http://www.lectlaw.com/def2/s105.htm Here is some of it, basically all that you need to answer this question:SUPREMACY CLAUSE - "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, any Thing in the Constitution or Laws of any State to the contrary notwithstanding." U.S. Const. art. VI, Paragraph 2Under the Supremacy Clause, everyone must follow federal law in the face of conflicting state law. It has long been established that "a state statute is void to the extent that it actually conflicts with a valid federal statute" and that a conflict will be found either where compliance with both federal and state law is impossible or where the state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. Edgar v. Mite Corp., 457 U.S. 624, 631 (1982). Similarly, we have held that "otherwise valid state laws or court orders cannot stand in the way of a federal court's remedial scheme if the action is essential to enforce the scheme." Stone v. City and County of San Francisco, 968 F.2d 850, 862 (9th Cir. 1992), cert. denied, 113 S. Ct. 1050 (1993). I hope that this helps all of you :) *~Stephanie Kay~* The part of the Constitution that says federal laws outrank state and local laws is called the "Supremacy Clause". You can find this answer if you go to ask.com and then type in Supremacy Clause. It will then take you to the definition of this clause. The site ishttp://www.lectlaw.com/def2/s105.htm Here is some of it, basically all that you need to answer this question: SUPREMACY CLAUSE - "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, any Thing in the Constitution or Laws of any State to the contrary notwithstanding." U.S. Const. art. VI, Paragraph 2Under the Supremacy Clause, everyone must follow federal law in the face of conflicting state law. It has long been established that "a state statute is void to the extent that it actually conflicts with a valid federal statute" and that a conflict will be found either where compliance with both federal and state law is impossible or where the state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. Edgar v. Mite Corp., 457 U.S. 624, 631 (1982). Similarly, we have held that "otherwise valid state laws or court orders cannot stand in the way of a federal court's remedial scheme if the action is essential to enforce the scheme." Stone v. City and County of San Francisco, 968 F.2d 850, 862 (9th Cir. 1992), cert. denied, 113 S. Ct. 1050 (1993). I hope that this helps all of you :) *~Stephanie Kay~*