General Discussion

renie408

(9,854 posts) Sun Dec 16, 2012, 01:14 PM Dec 2012

Can somebody answer my question about the Supremacy Clause?

I have asked it a couple of times, but nobody has answered.

cthulu says that the Bill of Rights was not intended to be applied to the States, only to the federal government. That until the 14th Amendment, the laws contained within the Constitution, including the Bill of Rights, were not designed to control the states. But the second clause of Article VI of the Constitution 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.

Wouldn't that mean that all Amendments and laws contained within the Constitution supersede those of the states from the get go?

7 replies

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Can somebody answer my question about the Supremacy Clause? (Original Post) renie408 Dec 2012 OP

This is my take on it, yes. nt NYC_SKP Dec 2012 #1

K&R'd. snot Dec 2012 #2

Only for those powers delegated, by the constitution, to the federal government. Sekhmets Daughter Dec 2012 #3

+1 cthulu2016 Dec 2012 #5

Start with the Wikipedia Supremacy Clause page... PoliticAverse Dec 2012 #4

You're right Moral Compass Dec 2012 #6

You are getting hung up on an expectation cthulu2016 Dec 2012 #7

NYC_SKP

(68,644 posts)

1. This is my take on it, yes. nt

Reply to renie408 (Original post)

Sun Dec 16, 2012, 01:15 PM

Dec 2012

snot

(10,530 posts)

2. K&R'd.

Reply to renie408 (Original post)

Sun Dec 16, 2012, 01:18 PM

Dec 2012

Sekhmets Daughter

(7,515 posts)

3. Only for those powers delegated, by the constitution, to the federal government.

Reply to renie408 (Original post)

Sun Dec 16, 2012, 01:18 PM

Dec 2012

All those not specifically enumerated within the constitution are reserved for the states.

cthulu2016

(10,960 posts)

5. +1

Reply to Sekhmets Daughter (Reply #3)

Sun Dec 16, 2012, 01:36 PM

Dec 2012

PoliticAverse

(26,366 posts)

4. Start with the Wikipedia Supremacy Clause page...

Reply to renie408 (Original post)

Sun Dec 16, 2012, 01:34 PM

Dec 2012

http://en.wikipedia.org/wiki/Supremacy_Clause

Moral Compass

(1,521 posts)

6. You're right

Reply to renie408 (Original post)

Sun Dec 16, 2012, 01:42 PM

Dec 2012

Our Supreme Court and our politicians have, for much of the history of our republic, refused to enforce the mandates of the Constitution.

cthulu2016

(10,960 posts)

7. You are getting hung up on an expectation

Reply to renie408 (Original post)

Sun Dec 16, 2012, 01:44 PM

Dec 2012

You expect the Bill of Rights to explicitly say it does not apply to the States because from the perspective of 2012, after the Incorporation of the Bill of Rights, we would expect such language.

It would, however, make no sense in 1791 to stipulate that it limited the states because the concept of the US Constitution limiting the states, in matters of rights, was alien. (The first Amendment to limit State action was the 14th, and it specifies that it does apply to the states.)

Had the Bill of Rights applied to the States the Supremacy Clause would have assured its supremacy over state law... but in that case the Bill of Rights would never have been ratified by the states.

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