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THE SUPREMACY CLAUSE
- NH Muckraker
- 15 minutes ago
- 2 min read
TO ALL THE ROGUE GOVERNORS OUT THERE.
The Supremacy Clause of the U.S. Constitution (Article VI, Clause 2) declares that the Constitution, laws made in accordance with it, and treaties under U.S. authority are the “supreme Law of the Land.” This means that federal law overrides any conflicting state law or constitution. The clause binds state judges to uphold the lawful acts of the federal government, ensuring national unity and legal consistency across all states.
The Framers added this clause to correct the failures of the Articles of Confederation, which allowed states to ignore national directives. Under the Articles, the federal government had no real power to enforce its laws, making it nearly impossible to function as a unified nation. The Supremacy Clause established the federal government as the final authority only within its proper, limited constitutional boundaries—a framework built on cooperation, not control.
In the early Republic, the Supreme Court used this clause to ensure that legitimate federal laws and treaties prevailed over conflicting state actions. This allowed the young nation to secure its independence, honor international agreements, and stabilize its economy. However, the Founders intended federal supremacy to apply solely to powers delegated to the national government—those essential to maintaining a functioning union:
National defense and foreign relations
Interstate and international commerce
Infrastructure vital to national cohesion and trade
These limited functions were the core foundation of federal authority. The federal government was never designed to dominate every area of public life or dictate local policy in matters such as education, healthcare, or social behavior—domains meant to remain under state and local control.
Throughout history, the Supreme Court’s interpretation of the Supremacy Clause evolved. During the New Deal era, federal power expanded dramatically, with Washington asserting control over economic and social policy under the guise of regulating “commerce.” While this shift centralized power, it also blurred the Constitution’s clear boundaries, allowing the federal government to insert itself into nearly every aspect of governance—often at the expense of state sovereignty.
Modern “preemption” doctrines—express, implied, field, and conflict preemption—now dominate Supremacy Clause debates. These determine when Congress intends to override state law. But the deeper constitutional question remains: Has the federal government strayed from its limited and defined role?
The Supremacy Clause was never meant to create an all-powerful federal authority. It was designed to ensure national unity within a narrow scope—defending the nation, maintaining lawful trade among the states, and building the infrastructure necessary for both. Federal supremacy exists only when federal action itself is constitutional and pursuant to those legitimate purposes. When Washington extends beyond them, it violates not only the balance of federalism but the very spirit of the Constitution itself.
MAKE AMERICA GREAT AGAIN!
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