The Supremacy Clause: Misconstrued and Twisted
The idea of local and state governments saying “no” to unconstitutional Federal laws and mandates, is one that many are now turning towards as a way of standing against the ever encroaching grasp of centralized overbearing government. But it has come under fire. Statists love to take snippets of the Constitution and twist them to fit their agenda and point of view. One of the most oft mentioned is the “Supremacy Clause.” Those mentioning it point to the fact it says that state and local laws are trumped by federal laws. Yes, this is true. But they fail to mention a few key words in the clause;
“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, anything in the constitution or laws of any state to the contrary notwithstanding. Article VI, Clause 2, Constitution of the United States
Pursuance thereof! Only laws that are within the bounds of the Constitution are to be considered supreme, not simply any law passed by the congress! The fact that lawyers and politicians cannot comprehend these words does not speak well of the education system. This is not a new interpretation, the founders held this view as well. At the New York Ratifying Convention, Alexander Hamilton who wasn’t exactly the most liberty loving member of the founding fathers said this;
“The acts of the United States, therefore, will be absolutely obligatory as to all the proper objects and powers of the general government…but the laws of Congress are restricted to a certain sphere, and when they depart from this sphere, they are no longer supreme or binding.” Alexander Hamilton
He also said in Federalist Paper No. 33;
“It will not, I presume, have escaped observation, that it expressly confines this supremacy to laws made pursuant to the Constitution.” Federalist Paper No. 33
If the Supremacy Clause does in fact trump any state or local law that conflicts with the feds, then there is no need at all for Article 1 Section 8 of the Constitution or for the 9th and 10th amendments. There would be no need at all for a document that limits government power for that matter! It is clear that proponents of big government have twisted the meaning of this phrase. They are now attempting to use the very document that protects liberty to justify taking it away. It is imperative that we educate our fellow citizens over the true meaning of the Supremacy Clause. The Constitution is a fantastic document. But it is simply that, words on paper. It cannot get out of its display case and fight an offensive against attacks. When it comes time to defend the principles it espouses, we are the ones that must stand.
Article contributed by Benjamin Rogers of Indiana Politico.