The constitution, weather the state or national, is a blueprint or outline in regards to the distribution of power. There are two main purposes to a constitution, the first reason is to establish a government and second reason is to delegate certain powers. Every state have a state constitution that is designed for that state, however the US Constitution override all state constitution. Although Texas is the oldest constitution in the US, the constitution have many revised many time. Since the establishment of Texas Constitution in 1876, the document have been revised or amended approximately 666. There have been so many revisions to the constitution over the years, the question stand what are the strengths and weakness of the current…
06.03 Battle after Battle, the Civil War Rages On Ch. 11, Sec. 3 & 4…
In politics everyone has a different opinion and it seems as if they never come to a compromise. This issue has been going on for many years now. As early as when this nation was first being built. Throughout history there have been times when the government has been at conflict. Many of these conflicts include the question as to who has more power and who should. If the states should or the national government. Two important cases in the past that have helped answer these questions are McCulloch vs. Maryland and Gibbons vs. Ogden. Both cases present conflicts that brought among state courts, which later end up being appealed in the Supreme Court and rule differently twice. Both cases ruling clear show a clear example as how the national government has a supremacy over the state government.…
Generally, federal laws apply to citizens living in the U.S. and its regions. The state laws apply just to residents of the particular state. The president of United States is accountable for implementing and accomplishing the laws written by the congress. The federal courts verify these laws according to the U.S constitution. The authorized federal agency discloses a final rule in the federal register with a particular date for when the rule will become effective and enforceable. State legislatures generate and pass bills and then the state governor converts them into laws. The state courts may analyze these laws according the rules of state’s…
The U.S. Constitution will always have priority if any law is in violation of it regardless of what its source. If a state constitution does not violate the U.S. Constitution of federal law then it is supreme within the state’s borders, thus in both cases the U.S.Constitution will always prevail.…
The Court through Chief Justice Marshall has shown that the constitution is more superior than the federal law. No place in the constitution affirms the words Justice Marshall proclaimed. In making his judgment, Marshall stated that “It is emphatically the province and duty of the judicial department to say what the law is.” There is no mention of such words in the Constitution, but it has come to the attention of the courts that whenever there is a conflict of law, the constitution is always supreme (Murphy,…
The Constitution and the government it created were to be the “supreme law” of the land; no state would have the authority to deny it.…
Drawing from the premise of the Constitution’s Supremacy Clause and the Supreme Court’s interpretation, federal law can preempt state law in two ways. First, federal law can preempt state law when federal law…
The United states constitution is meant to serve as guide lane for all states for all states where the document is meant only to provide a basic structure to the government, and all decisions on meaning are to be interpreted by the Judiciary branch. As said by "J. Harvie Wilkinson III" "Americans…
The American system of government following the end of the American Revolution was a disaster as far as the nation’s status as a union. Under the Articles of Confederation, there was nothing “unified” about the United States. The states stood in the union as individual bodies, with little to no ties to a seemingly non-existent central governing body or to the other states. This allowed the states to disregard other states’ laws and ultimately created disunion within the states. Because it has been proven that the states cannot stand alone and sufficiently govern themselves without a strong central government, the national government should be the supreme law of the land.…
1. What are the seven articles of the U. S Constitution and the purpose of each; -Article 1. Legislative Department All legislative Powers herein shall be vested (persons and groups that own and control) in a; Congress and House of Representatives. Establishes; Elections and meetings Legislative proceedings Rights of members Bills and resolutions Powers of Congress (both houses) Powers denied to Congress Powers denied to the States -Article 2.…
Some states would not abide by all of the federal government laws that where set or make their own laws that interfered with ones that were made. The Public Administration Quarterly said “The constitutions provided for varying degrees of decentralization. Nome, however, were as decentralized as the national government under the Articles. In all states, there was an executive in some form and in New York, Massachusetts, and Hew Hampshire he was elected by the people at large. Other states, however, provided for an executive chosen by a legislature or legislatively appointed body. In most states, the executive was essentially part of the legislature.” The US Constitution divides power between the Federal government and state governments. Giving certain power to the federal government to keep the country in stability to grow in the future like declare war on another country or treaties so the entire country stays on one side of the decision. When the federal government makes a law, the states have to follow it and change any laws that has conflict with it to fit within the parameters of the law. The States have reserved powers with are specifically for the states to regulate. This was the tenth amendment to the constitution and has similar tis to the Articles of…
Once ratified, the Constitution set the basis for the government. Powers are divided between the federal government and the 50 states. The Founding Fathers knew they had to leave enough powers with the states when they were writing the Constitution. If they didn't, they knew the state legislatures would never ratify the Constitution. All states were granted the right to control certain things within their borders. They could do so as long as they did not interfere with the rights of other states or the nation.…
When the founding fathers drafted the Constitution, they made sure to give the federal government certain powers and the same for the states. Yet overtime, the Constitution has been interpreted in different ways hence giving the federal government more power than it was originally intended to have. At the same time the states have lost some of its power as the federal government gained jurisdiction over certain things.…
The Constitutional supremacy means that the Constitution is supremeover the parliament and the parliament can exercise its functions beingonly within the bounds of the Constitution. Constitutional supremacy ispossible only where the constitution is written and rigid. This constitutional supremacy is also called judiciary supremacy in thescene that the judiciary the highest court of the land is supreme overthe legislatureProfessor Hood Philips says that,“To say that a Constitution is supreme is todescribe its relation to the legislature’s power to alter the Constitutionis either limited or non-existent.”…