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An Analogy That Explains the Supremacy Clause

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An Analogy That Explains the Supremacy Clause The Supremacy Clause Explained Most people think the Supremacy Clause in the U.S. Constitution means federal law always trumps state law. This short story about Tom, Dick, and !arry illustrates why they"re wrong. irplanes are expensive, so it's not uncommon for two or 0t reads1 A more pilots to enter into a joint ownership contract. “Reliable ground transportation, being necessary to Let's say Tom and Dick do just that. They buy a Cessna the livelihoods of the parties to this contract, the right 182 to#ether and a#ree to split its use, as well as the fixed of Tom and Dick to the exclusive use of their own ownership costs, 50/50. Tom is to #et the use of the plane pickup trucks, shall not be infringed.” on even numbered days, and Dick #ets to use it on the odd days. 'nd another blanket protection of Tom and Dick's property 'lthou#h they're #ood friends “The enumeration in this Contract, they wisely a#ree that, to#ether, of certain rights, shall not be they will hire (arry to arbitrate construed to deny or disparage the any disa#reements they mi#ht use or ownership of property have arisin# from the contract belonging to the arties!” and a#ree to abide by his decrees pertainin# to the same. They 'nd yet another clause that limits (arry's also a#ree to abide by any rules powers1 (arry makes for the use and “The powers not delegated to "arry, maintenance of the airplane. the arbitrator, by this Contract, are )ne day (arry presents Tom with a decree sayin# that he reserved to the Parties of the Contract!” #ets to use Tom's pickup truck any time he wants. 0f there was any doubt about Tom's ri#ht to object to the )bviously, Tom cries foul. commandeering of his pickup truck, it should be #one now. Dick sides with (arry, however, )f course, those three clauses and points to the contract, are analo#ous to the "nd, 2th, sayin# that (arry's decrees are and %th 'mendments to the the *supreme law of the land,+ 3./. Constitution. 0f there and they can use his pickup, his was any doubt that the states boat, his house, his wife , have the ri#ht – and duty – to anythin# that (arry decrees. interpose and protect the No reasonable person would ri#hts of their 4eople to keep agree that a time-sharing and bear arms from federal contract for an airplane gives infrin#ement, this analo#y the arbitrator the right to take or use the other property should extin#uished that doubt. belonging to the parties to the contract. 'nd no one would fault Tom for puttin# his foot down and claimin# his The U.S. Constitution – a Contract ri#hts and protectin# his family – re#ardless of what (arry, Between the States the arbitrator says- The relationship between the several states comprisin# the .ow let's add one more dimension. /uppose the contract 3nited /tates is much like that of Tom and Dick. (arry is between Tom and Dick also had an explicit prohibition of like the federal #overnment which the states have *hired+ as decrees affecting the use of pickup trucks. a mutual a#ent to administer the contract or compact between the states. 5more6 &That this %ssembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact$ as no further valid that they are authori(ed by the grants enumerated in that compact$ and that in case of a deliberate, palpable, and dangerous e'ercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.” *ames Madison, +irginia ,esolution of -./0 'rticle 700 of the 3/ Constitution, the *Ratification >ut there's more to it. The drafters included, and the Clause+, supports the Tom, Dick and Harry analogy1 4eople adopted, qualifiers to the types of laws and treaties they would a#ree to be *supreme+. 0n other words, the “The Ratification of the Conventions of nine States, 4eople of the ori#inal 13 soverei#n states a#reed that the shall be sufficient for the #stablishment of this 3./. Constitution would be supreme, but only a#reed to Constitution between the States so ratifying the live under federal laws that were *in pursuance+ of that $ame!” %#mphasis added,) (U$ Constitution, Art. )**& Constitution. 'nd they a#reed to abide by treaties, but .otice two thin#s. 9irst, only the states ratifyin# the only the ones the 3nited /tates had *authority+ to enter proposed Constitution would be part of the new Compact into. – even a vote of : ;nine states< would not obli#ate the other states to the Compact. That's because they retained The Supremac" Clause their soverei#nty. “This Constitution, and the +aws of the 'nited The second and most important thin# to notice is that the $tates which shall be made in Pursuance thereof$ Compact, or Constitution, is between the states, not and all Treaties made, or which shall be made, under between the states and the federal #overnment the the Authority of the 'nited $tates, shall be the Constitution was creatin#. supreme +aw of the +and” %emphasis added& %'!$! Constitution, (rticle )*& '#ain, the states are like Tom and Dick, and the federal #overnment is the *a#ent+ they *hired+, (arry. 'lexander (amilton explained the /upremacy Clause this way1 's with the contract between Tom and Dick, the Compact between the several states is limited to what"s enumerated in “* maintain that the word supreme imports no more that Compact. =hen the federal #overnment claims than this — that the Constitution, and laws made in powers never #ranted it by the states, the individual states pursuance thereof, cannot be controlled or defeated are at liberty to unilaterally declare such ille#itimate powers by any other law! The acts of the 'nited $tates, null and void within their own borders. therefore, will be absolutely obligatory as to all the That's particularly plain when there is also a specific proper ob-ects and powers of the general government!!! prohibition of the regulation of something not in the but the laws of Congress are restricted to a certain contract, just as the Second Amendment precludes the sphere, and when they depart from this sphere, they federal government from infringing on the right to keep are no longer supreme or binding” %emphasis added& and bear arms. %(lexander "amilton, at .ew /ork0s ratifying convention&! That's a bold claim, but how does it stack up to a plain reading o the The plain words of the /upremacy Clause, and (amilton's Constitution! testimony, leave no doubt that a state law actually trumps a 0f the drafters of the Constitution intended for the federal law if the federal law was not made *in pursuance+ /upremacy Clause to mean federal laws always, without of the Constitution. exception, supersede ri#hts claimed by the 4eople and laws "ike Tom, states should assert themselves when the adopted by their state le#islatures, it would have read #ompact is violated. In fact they have a DUTY to somethin# like this1 interpose and protect the rights of the People. *This Constitution, Laws and Treaties of the 3nited /tates shall be the supreme Law of the Land+ resented by 1issouri 2irst, *nc! 1arch 34, 5436.
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