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My 2¢ Worth
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My 2¢ Worth
The Centuries-Old Debate Over the Supremacy of #State v. #Federal #Powers
Apparently, a lot of underhanded activity was going on among the people we credit with being our nation's #FoundingFathers
In order to dissolve political powers of the colonies from Great Britain, the political leaders need to present to the people who would die on the battlefield a worthy objective -- worthy enough to get them to risk Life, Fortune, and Honor. That instrument, a binding contract titled, The unanimous Declaration of the united States of America,
To hear varied stories of each of the representative-signers of that Contract, as well as the representative-signers of our nation's two successive constitutions, which are The Articles of Confederation (1778) that was replaced by The Constitution for the United States of America (1790), they create a great design and plan for our nation and our governments. This got large bodies of people to risk and in many instance lose their Lives, their Fortunes, and their Honor defending that design -- all for nearly nothing as many of those signers immediately began returning us to the same described tyranny and despotism detailed in The unanimous Declaration.
Regardless of what those signers intended, the content of the contracts they signed on behalf of the people of these united States of America remain #BindingContracts among all united States American even today.
The unanimous Declaration concretely and unquestionably (that is unquestionably to an honorable person) declares that the governed people are the supreme authority over our governments. This would be, more precisely stated, the body of registered voters are the supreme authority over their respective levels of government (city, county, state, national/federal, etc.) Thus, #ThePeople are the #LeaderOfOurNation and the government officials are the people #Employees
To the original question: State v. Federal Supremacy?
The correct answer varies depending on whether it is the governments, the constitutions, and/or the laws that are under investigation.
The Constitution for the United States of America creates a #CircularSolution
Our nation's constitution, in Article 6, creates The Supreme Law of the Land. Its four elements are:
Every elected (legislative, executive, judicial), nearly all appointed (judges), and some hired government officers (police) swear an oath to The Constitution for the United States of America over and above the President, Governor, Legislators, and Judges. This makes The Constitution for the United States of America -- our nation's or the Federal Constitution Supreme over the State Constitutions, State Laws, County Laws, as well as City & Town Laws.
The only authority Supreme over the US Constitution is 3/4's of all the States' governments when they act in accord with The US Constitution's Article 5 -- The Amendment Article; which gives the States -- when unified for the purpose -- supremeacy over the federal government's powers.
This makes the federal/nation's government the servant to the States generally as authorized by the US Constitution.
The States, and all other smaller political jurisdictions become #SubjectTo the #Just and #Honorable powers #delegated to the federal government. None of the smaller political jurisdictions can pass laws that violate the nation's constitution or that violate the #ConstitutionalLaws made by the US Government.
WHEN the federal government exercises any power, passes any law, creates any office, etc that the US Constitution does not #SpecificallyAuthorize it is the States' duty to unify,and when 3/4 of the States agree; they amend the constitution to stop those unjust acts of government. The States may also unify in prosecuting all federal government persons who violate the US Constitution. The People of these united States of America may also do the same, not only to the Federal Government people, but also to the State Government people, County Government people, and the City/Town Government people.
The later part of Article 6 of the US Constitution tells us that "any thing in the constitution or the laws of any state to the contrary, notwithstanding". It is referring to being contrary to what it had just previously detailed as The Supreme Law of the Land.
When we look into the US Constitution's Amendments 9 & 10 we see an interesting relationship.
Amendment 9 deals with the people's rights that are not specifically enumerated/listed in the US Constitution. All of those unlisted rights are totally off-limits to all governments (city, county, state, and federal) from violating. That is -- until the specific right is listed in the US Constitution to allow government some expressly limited power regarding that right.
Our rights are superior over government powers.
Amendment 10 goes into detail regarding the supremacy of states powers over federal powers with respect to the US Constitution.
Though the powers are circular in argument, they really are clearly defined.
In this way, each of the larger-political jurisdiction that is created, it is created to serve the bodies that create it. The creators of that larger political jurisdiction retain responsibility for controlling it as well.
All of that, ultimately comes back to the people who are the final judges of all levels of government.