Supremacy Clause
what is the supremacy clause?
Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.
what is federalism?
a method of government that allows two or more entities to share control over the same geographic region
what are reserved powers?
powers not granted to the United States, but were instead reserved to the States or to the people.
what are expressed powers?
powers of the people stating as clearly as possible what the government can and can't do.
what are concurrent powers?
powers shared by both states and the federal government, equally.
what was the supremacy clause a part of?
the Brutus paper
how does federalism help the government?
designates certain powers to be the domain of a central government, and others are specifically reserved to the state governments.
why are the reserved powers important?
to make sure powers not expressly delegated to the federal government could still be exercised by the states
in what part of the articles did the expressed powers come from?
Article I, Section 8
what would happen without the powers?
the economy would collapse.
why is the supremacy important?
assures that the Constitution and federal laws and treaties take precedence over state law and binds all judges to adhere to that principle in their courts.
what powers are held under the states?
Regulating and promoting business, protect, life and property, promoting education, wealth and welfare, protecting environment, and freedom to each state in setting its own laws, regular taxes criminal codes, and budget priorities.
who had made the reserved powers?
the founding fathers, and federalists
what does the expressed powers mainly help?
the military and the money towards it.
why would the economy collapse with no taxes?
the government runs off of money, and without it, it would not work.
who wrote of the supremacy clause?
Alexander Hamilton in Federalist 33.
why did the founders create a new federalism?
They wanted a system of one nation out of thirteen independent state, protecting citizen liberties from central government.
how would reserved powers change?
it would change from the differences within the government and the articles.
why does the expressed powers help military?
the military helps with the vision and how america looks, and it funded them to improve.
why are taxes so high?
they are high because of the constant need to build up the economy.
why is the supremacy clause considered to be the root of federalism?
it holds that the federal government is ultimately more powerful than the individual states.
How does federalism increase the opportunities for people?
increases opportunities for citizens of the United States to participate in politics at the national, state, and local levels.
what powers do the states have?
ownership of property, education of inhabitants, implementation of welfare and other benefits programs and distribution of aid, protecting people from local threats, maintaining a justice system, setting up local governments such as counties and municipalities, maintaining state highways and setting up the means of administrating local roads, regulation of industry, raising funds to support their activities
what powers does the president have?
Serve as commander in chief of the armed forces, Commission officers of the armed forces, Grant reprieves and pardons for federal offenses (except impeachment), Convene Congress in special sessions, Receive ambassadors.
who has concurrent powers?
both state and and federal government