…Ian Millhiser of the hilariously misnamed ThinkProgress, who says, “The Constitution expressly states that Acts of Congress ‘shall be the supreme law of the land…anything in the Constitution or laws of any State to the contrary notwithstanding,’ so our founding document specifically denies the states a veto power over federal laws.”
This guy has a law degree, people. A law degree. And he thinks he has defeated Thomas Jefferson with this third-grade analysis.
What the Supremacy Clause actually says is: “This Constitution, and the Laws of the United States which shall be made in pursuance thereof…shall be the supreme law of the land.”
In other words, Millhiser deletes the most significant words of the whole clause! Jefferson (whose name Millhiser cannot bring himself to mention, so let’s just say it for fun a few times — Jefferson, Jefferson, Jefferson) did not deny the Supremacy Clause. He would not have needed any lectures from law school graduate (and otherwise uncredentialed) Ian Millhiser. His point was that only the Constitution and laws which shall be made in pursuance thereofshall be the supreme law of the land. Well, that’s the whole matter at issue! Is the law in question “in pursuance thereof” or not?Details