The Tenth Amendment Center: Supremacy Clause: Constitution 101

 

Supremacy Clause: Constitution 101 Most people get it completely backwards When people tell you that "federal law is ALWAYS supreme" - they're not just wrong, they get the Supremacy Clause of the Constitution almost completely backwards. Article VI, Paragraph 2 is one of the most twisted and abused parts of the Constitution. It reads: 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. Most people tend to completely ignore three essential words - the qualifier - “in Pursuance thereof.” As Mike Maharrey notes, The clause does not read, “This Constitution…and any old act Congress decides to pass…shall be the supreme law of the land.”  Despite that fact, almost everyone today treats it that way, including Cornell Law School, which tells us that the Supremacy Clause “establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.” This runs totally counter to what all the Federalists supporters of the Constitution told us about the clause. Even Alexander Hamilton, here in Federalist 33: “The clause which declares the supremacy of the laws of the Union, like the one we have just before considered, only declares a truth, which flows immediately and necessarily from the institution of a federal government. It will not, I presume, have escaped observation, that it EXPRESSLY confines this supremacy to laws made PURSUANT TO THE CONSTITUTION” [all caps in original] In the North Carolina Ratifying Convention, Willam Davie held the same view. He said that federal laws is supreme “only in cases consistent with the powers specially granted, and not in usurpations.”

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Continuing that same debate, future Supreme Court Justice James Iredell agreed: “Then when the Congress passes a law consistent with the Constitution, it is to be binding on the people. If Congress under pretence of executing one power, should in fact usurp another, they will violate the Constitution.” North Carolina Gov. Samuel Johnston emphasized these same points - that only those acts made “in pursuance” of the Constitution would be supreme - everything else would fail to rise to the level of “law.” “Every law consistent with the Constitution, will have been made in pursuance of the powers granted by it. Every usurpation or law repugnant to it, cannot have been made in pursuance of its powers. The latter will be nugatory and void.” Usurpation. Nugatory. Void. These are strong statements - a perspective almost totally forgotten today. An act of usurpation was, to the founders, essentially, an act of theft by government, stealing power from the sovereign people of the several states.  And when power is stolen, it’s not valid law - it’s nugatory. Or void. St. George Tucker described the supremacy clause with this perspective in mind: “That a law limited to such objects as may be authorized by the constitution, would, under the true construction of this clause, be the supreme law of the land; but a law not limited to those objects, or not made pursuant to the constitution, would not be the supreme law of the land, but an act of usurpation, and consequently void.” But acts of usurpation - while void according to the constitution - don’t become void in practice and effect by merely saying so. And even Alexander Hamilton recognized that the people would have to step up to get that result.  “But it will not follow from this doctrine that acts of the large society which are NOT PURSUANT to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies, will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such.” With this understanding, most people miss the two primary purposes the Supremacy Clause: To ensure the supremacy of the constitution - not anything the feds do To draw a line around the limits of federal power

State of the Nullification Movement Report The history and constitutional basis for nullification. How it has been used - and how it's being used today. Our annual progress report Get it Here

If you consider this in relation to the foundational structure of the Constitution being one of delegated and reserved powers, things are even more clear. Writing in Federalist 45, James Madison explained that “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite” With only about 30 powers delegated to the federal government throughout the constitution - and everything else reserved to the states, the notion that federal law “is always supreme” gets things almost completely backwards. In most spheres of action, it’s actually “state law is always supreme,” and federal supremacy shouldn’t even be a question. That’s how John Taylor of Caroline summed it all up: “The United States have no authority, except that which is given by the constitution. Both the laws and treaties to be supreme must, therefore, be made in conformity with the powers bestowed, limited and reserved by the constitution, and by these we must determine whether a law or a treaty has been constitutionally made, before the question of its supremacy can occur.” If you prefer to read this article in your browser, you can find it here. Also, please do check out today's episode of the Path to Liberty Podcast for a deep dive into this essential history. There, you'll find both video and audio versions of the show - and if you prefer reading - there's a bunch of original source documents so you can read and learn more - in context - on your own time. This is the kind of information we work to get out to more and more people every single day of the year. Nothing - absolutely nothing - helps us roll up our sleeves and get the job done more than the financial faith and support of our members.  Please consider joining us today - for as little as $2/month here: https://tenthamendmentcenter.com/members/ Help us take a stand for the Constitution and liberty - whether the government wants us to, or not. (they don't) If you prefer a one-time donation, you can pitch in online at this link: https://tenthamendmentcenter.com/donate/

Public Choice Theory: Why Government Often Fails (Great Video)

               

This video outlines how choices and game theory play out among humans, whether they operate in the public sector or the private sector.

One finds in this comprehensive video why even the most well-intentioned reformers find that little good comes out of giving the government more control over key industries and services in a community.

Human beings are motivated by choices and incentives. The actions and decisions of lawmakers, elected officials, bureaucrats, and voters are many times motivated by a cost-benefits analysis.

Voting is a more costly exercise than most people realize. Working as a bureaucrat will deliver types of service compared to someone in the private sector. Find out what this matters, and what it matters specifically when it comes to politics and government.

Why Hawaii Has Gone Full Liberal

California is not the only deep blue state in the country which got bluer on Election Day.

Hawaii is now so blue, it's almost black.

Republicans lost one seat in the state house. The GOP numbers are abysmal: 45 Democrats to 6 Republicans.

The state senate is far worse.

At its founding, Hawaii had a Republican Governor and a Republican US Senator named Hiram Fong.

But Democratic dominance has transformed the state into a true blue dystopia for those who live there.

After Election 2016, Democrats won UNANIMOUS control of the upper chamber.

The sole Republican, Sam Slom, lost his seat in this election.

Haven't the Hawaiian people had enough of uber-liberal policies, which have raised costs precipitously in the state?

Blue Hawaii, indeed, and it's not just a song or a movie:

What has happened the moral core of Hawaii, too?

Check out Bill O'Reilly's spirited interview with Colleen Hanabusa, who just regained her Congressional seat this past election:

For starters, O'Reilly lists the disturbing rate of homelessness and food-stamps in the state.

Who would have known?

Check his further remarks here:

Regardless of Rep. Hanabusa's offense at some of his prior comments, Hanabusa sunk herself and exposed how corrupt and decrepit the political culture of his state has become.

OUCH!

For better context, their fight focused on Watters' World's report in Hawaii--and why the state is so liberal. He even asked people who lived there for their opinion:

How did all of this happen?

Rich California liberalism.

Lack of law enforcement.

Democratic dominance.

Welfarism.

The whole list is a perfect storm for destructive Democratic dominance.

What did Huffington Post have to say? (Remember, HuffPo is pro-liberal):

Forget Massachusetts, Vermont, Minnesota, and California. Hawaii is the most liberal state in the U.S. This falls under the category of “what Hawaii can teach the world.”

Actually, Hawaii is teaching people what NOT to do.

Currently, Governor Abercrombie called for a special session of the Legislature just to approve gay marriage. The left here is still scarred that it was not the first state to legalize it, and now they seek to make amends, and play catch-up ball.

This article was published 2013.

Hawaii is throwing down the proverbial liberal gauntlet. We humbly invite the rest of the country to turn off the Fox News Network — just briefly, and to look West and see that the most liberal of liberal states has, in fact, not imploded transforming into a cosmic black hole vortex threatening to transport the rest of the U.S. though time and space into some sort of liberal dark age that lasts for millenniums.

Actually, the state is heading toward utter bankruptcy, as the state is currently heaving under $10 billion in debt.

Elizabeth Warren’s cool, Bernie Sanders is awesome, and Franken and Klobuchar make quite the liberal dynamic duo. California is, well, California. Berkeley is more of a people’s republic, and is more like a liberal version of the Vatican, so they don’t count. Apples and oranges.

However, the number of elected Republicans here in our Legislature is only 8. Only one is in the state Senate. They call him, “The Lone Ranger.” The Republicans here aren’t your normal mainland Republicans either. Among them have been grassroots environmentalists, pro-gay rights, pro-animal, and good government politicians.

That state senator just got fired, as you know,

"Good government" politicians--sounds like "Freddie Kreuger Day Care." Would you want kid staying there during the day?"

Heck, the Green Party had two candidates running for seats in the Legislature against seriously strong candidates, and they each garnered 30 percent of the vote in their respective elections. Lest we forget, the Dennis Kucinich presidential campaign got the most convention delegates from the great state of Hawaii in 2004.

Dennis who? (point taken)

Our Governor, Neil Abercrombie, is an aging hippy. For the record, that’s a compliment here. Our state Supreme Court Chief Justice is a former wildlife attorney and he was a Republican appointed by a Republican. Tellingly, all but one Justice is more liberal than he is.

EEK!

"Aging hippie" is pretty creepy (HuffPo needs to spell the word right, too, but whats's spell-check to a liberal, anyway?)

That, and our Congressional delegation is way liberal, and they have the high scores from liberal special interest groups, and donations from liberal PACs, to prove it.

Liberal special interests make all the difference, or the destruction, of Hawaii.

Last but not least, Hawaii did give the country its current president and liberal version of the conservatives’ Ronald Reagan — #44 himself, Barack Obama.

It is clear blasphemy to compare Barack Obama to Ronald Reagan. The Hawaiian people, and all Democrats, should consider comparing Obama to Jimmy Carter.

Except that would be an insult to Carter.

Why is Hawaii a liberal bastion? Simple.

Here comes the breakdown:

1) Politically savvy and well-organized left groups and unions... along with no organized right. Although the New Hope Church is still working on marching religious conservatives to the polls, outpacing all the fast food places combined in franchising efforts. However, AFSCME, UPW, Teamsters, hotel workers, longshoremen, carpenters, teachers, and university professionals all show up and put up for the Hawaii Dems. GLBTQ, animal, environment, health, and other left-leaning lobbies are also potent, especially in these fertile grounds.

Relatively small numbers form powerful groups, and they have taken over.

Conservative groups have not organized? Is there any hope that they can do better? Churches are the pride of the pro-life, pro-family movement. If their numbers are expanding faster than the fast-food restaurants, then a conservative counter-revolution may be in the works.

At this time, I am not holding my breath.

2) This place is so diverse racially and culturally it’s as if the UN was a whole state instead of a building in NY, except everyone in Hawaii gets along a lot better than the UN delegates do.

The party that turned “Self Deportation” from a liberal comedy skit into a policy platform and presidential primary litmus test has limited brand favorability ratings here. So much so that Republicans often hide their party affiliation to get elected. That last “Republican Wave” that swept the country never made it to Hawai`i’s shores.

It also crashed along the Rocky Mountains and never made an impact in California. A very troubling sign for the country, for California in particular.

Ergo, in Hawaii liberals can be out and proud. So you liberals on the mainland need to look yourselves in the mirror and repeat after Senator Al Franken, “I am good enough. I am smart enough. And gosh darn it, people like me.” Go ahead, you know you want to say it, “I am L.. L... LIBERAL!” There, now doesn’t that feel much better! Aloha!

A-hell-no!

Final Reflection

It seems to be that the abject poverty of so many is hard to escape.

If you live on an island, without the opportunity to get away to a better state, the only thing left is to resign oneself to the sad, destructive culture of barren, secular liberalism.

Government dependence reigns at an all-time high. Why work when someone else is footing the bills, right?

This "aloha" embrace of liberty makes no sense.

How can one claim to be free while dependent on someone else?

Another question--how extensive was federal aid in the state before its statehood?

To what extent has the influx of

How many people on the Hawaiian islands feel like Americans?

I spoke with one Hawaiian Republicans, and he told me that many native Hawaiians do not see themselves as Americans. That is too bad, and that needs to change.

A sense of pride in this country, and one's status as Americans, is crucial for wise (limited) governance. Every citizen should learn to love his country, yet hate his government.

Hawaii: The Bluest of Blue States

Now that the Republicans have no voice in the state senate, how far left will the state legislature go? Is there any limit to the tolerance of ordinary citizens to the encroachment of the state into their daily lives?