The Supremacy Clause Tutorial

Oregon 912 is giving brief tutorials on misunderstood, and abused portions of the US Constitution, and I have been asked to create some indepth discussion materials for those interested, here is the 1st article on the Supremacy clause:

The Supremacy Clause

The U.S. Constitution was written precisely, and gives the Federal government “supreme” power in all laws made in pursuance of it.  This power is granted in the “Supremacy” Clause. This clause 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 notwith-standing.

I would like to call attention to the bolded part –“in Pursuance thereof.” This is the key to understanding which laws are supreme, or not.  In order then to determine whether or not laws are “supreme,” we need to determine if they are indeed in pursuance of the Constitution.  To do this, we first need to understand how the Constitution gives powers to the Federal government, as well as which of the powers it reserves for the states.  The best description of this is in Federalist 45, when James Madison (the Father of the Constitution) said : “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. The former will be exercised principally on external objects, as war, peace, negotiation and foreign commerce.”  How do we know what the “few and defined” powers are, you ask?

You have to look in the Constitution itself.  In Article1 Section8, the Constitution lays out a majority of the powers given to the Federal government.  More are given throughout the document, but an important thing happens once you reach the 10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  To paraphrase, this Amendment says that any powers which have not been expressly granted, have been expressly denied to the Federal govt.  In a nutshell, this means we need to find the power in the Constitution in order for a law passed by the Feds to be “in pursuance thereof” of the Constitution.

Details

Oregon HJM16 10th Amendment Resolution To Do List

HJM16 10th Amendment ResolutionTo Do List:

http://www.leg.state.or.us/11reg/measures/hjm1.dir/hjm0016.intro.html

the 10th Amendment Resolution  goes to the house judiciary first. Here are the email addresses/phone numbers for all of the members of that committee, they need to hear from us.

name                                                     e-mail                                                                                  phone number(s)

Representative Matt Wand    rep.mattwand@state.or.us                                              503-986-1449

Representative Andy Olson   rep.andyolson@state.or.us                                  541-967-6576/503-986-1415

Representative Carolyn Tomei     rep.carolyntomei@state.or.us                   503-653-5180/503-986-1441

Representative Chris Garrett          rep.chrisgarrett@state.or.us                     503-210-2474/503-986-1438

Representative Gene Whisnant      rep.genewhisnant@state.or.us                                    503-986-1453

Representative Jeff Barker               rep.jeffbarker@state.or.us                                            503-986-1428

Representative Mary Nolan             rep.marynolan@state.or.us                       503-221-4999/503-986-1436

Representative Mike Schaufler       rep.mikeschaufler@state.or.us                 503-760-4446/503-986-1448

Representative Wally Hicks              rep.wallyhicks@state.or.us                                           503-986-1403

Representative Wayne Krieger        rep.waynekrieger@state.or.us                  541-247-7990/503-986-1401

Aside from calling/writing/emailing these people frequently letting them know you support this important legislation and you want them to move it to the floor for a vote,

Details

A Very Important Fork In The Road

First, let us reflect on how far we have traveled. Over the last two years, we have gone from complaining about how the Government is rewarding failure with the bank/auto/insurance/mortgage bailouts, to marveling at the absurdity of the “change” being perpetrated upon the nation. We have remarked on the habit of our current President continuing…

Details

Is It Time For Breast-fed Babies like S. Korea To Grow Up?

International affairs have been dominating our news coverage as of late. So of course, multiple discussions have been going on just next door from here, at Facebook. I was about to jump in to the discussion myself, when I saw a comment that immediately jump-started the rusty gears of thought to begin cranking in my…

Details

Oregon is Extremely Schizophrenic

A few months ago, I pointed out that the Attorney General for Oregon was working against our interests by trying to keep any state(s) from being able to escape the federal tyranny, by having the Supreme Court declare Obamacare unconstitutional.  More recently, it came to my attention that Senator Wyden (after joining the Democratic majority…

Details