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Article VI, Paragraph 2: Supreme Law: 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 notwithstanding.
The Heritage Guide to the Constitution
But if the government be national with regard to the OPERATION of its powers, it changes its aspect again when we contemplate it in relation to the EXTENT of its powers. The idea of a national government involves in it, not only an authority over the individual citizens, but an indefinite supremacy over all persons and things, so far as they are objects of lawful government. Among a people consolidated into one nation, this supremacy is completely vested in the national legislature. Among communities united for particular purposes, it is vested partly in the general and partly in the municipal legislatures. In the former case, all local authorities are subordinate to the supreme; and may be controlled, directed, or abolished by it at pleasure. In the latter, the local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority, than the general authority is subject to them, within its own sphere. In this relation, then, the proposed government cannot be deemed a NATIONAL one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignty over all other objects.
James Madison: Federalist #39
[T]he local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere." The Federalist No. 39, at 245.
This separation of the two spheres is one of the Constitution's structural protections of liberty. "Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front."
Printz v. United States—U.S. Supreme Court (1997)
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and Post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
United States Constitution: Article I, Section 8
The Supremacy Clause does not establish the federal government as supreme. In fact, the Supremacy Clause establishes Supremacy of Law. The federal government is one of few and defined powers. All powers under the Constitution fall under one of three categories:  those exclusive to the federal government (or prohibited to the States),  concurrent powers (both federal and state can exercise the power), and  everything else. We know through the historical record the federal government is one of limited powers. The proponents for ratification (the Federalists) gave explicit guarantees at the state ratifying conventions that the powers delegated are limited to those enumerated. In fact, in many cases, the Federalists said any law made that was not in pursuance of the Constitution was null and states were not obligated to abide by any law afoul of the Constitution.
A few powers fall into the first category—those exclusive to the federal government or prohibited to the States. Even [fewer] powers fall into the second category of concurrent powers. Typically, taxation and commerce are the two powers referenced in this category. Finally, the third category encompasses all other powers. All other powers are too numerous to document or enumerate. Those powers are reserved to the states or the people. Supremacy of Law dictates that if a power is a state power then the State power is supreme. Likewise, if a power is exclusively a federal power then the federal power is supreme. Only those laws made by Congress that are in pursuance of the Constitution (meaning within the powers in the first two categories) are supreme.
The Constitution: Birthed In Self-Determination
To read the Supremacy Clause as big government proponents would have you do—that ALL FEDERAL LAWS ARE SUPREME—would render the remainder of the Constitution meaningless. Why would there be a need for anything other than a Supremacy Clause? Why would the Constitution’s Framers have deliberated throughout the summer of 1787 over the other 4,500 words in the Constitution if their intent was to make the Federal Government supreme in all areas it unilaterally decided to act?
The reality is that we have a Constitution that delegates specific enumerated powers to the Federal Government—with the expectation that the Federal Government is not to act beyond those powers.
State Supremacy vs the Supremacy Clause
...And finally, does anyone seriously believe for one minute that any of the 13 states would have ratified the Constitution had they believed that it was a perpetual one-way Venus fly trap—a one-way ticket to sovereign suicide? The Constitution was barely ratified as it is!"
Murray N. Rothbard (1926-1995)
reply to post by frazzle
Imma just put this here:
The Unconstituionality of the 14th Amendment
This is for everyone who's had their brains washed using the 14th Amendment. It's an illegal stealth amendment to turn you into a subject and not a sovereign.
Take it or leave it; I don't intend to debate it with anyone....
Any law passed by Congress is not in and of itself supreme. Even a law that is upheld by the Supreme Court doesn’t make the law supreme. The Supreme Court is not the sole and final arbiter of the Constitution. If that were true it would make the judicial branch supreme over the other two branches and violate the principle of co-equal branches, and it would place the Supreme Court above the Constitution itself.
Historically, there have been terrible rulings from the Supreme Court. The Dred Scott case, the Fugitive Slave Law of 1850, the Legal Tender Cases of the 1860s and 70s, the Wickard Case and the separation of church and state case in the 1940s are examples of cases where the Supreme Court declared something that was unconstitutional, constitutional. In theory, the most heinous laws could be enacted such as forced sterilizations, a one child per couple law, a tax on 100% of your income, a law declaring a single national religion, a law putting disabled or handicapped children to death, etc. Any law could be constitutional under this system.
The Constitution: Birthed in Self-Determination
edit on 9/14/2013 by Ex_CT2 because: (no reason given)
reply to post by frazzle
OK. Sorry, frazzle, I misunderstood; I thought you were making the opposite argument. I don't agree, however, that there's nothing we can do.
Well, in for a penny, in for a pound, as they say. For those playing along at home, the 14th Amendment usually raises its ugly head just as a discussion of "Supremacy" gets off to a good start.
Unfortunately the 14th is an extremely complex subject about which 99.9999% of us are completely mis-educated. Because, you see, the entire purpose of the 14th is to keep us enslaved and under control. And those who have received the sacred mission of educating us on the matters of our own sovereign powers over our government have betrayed both that mission and us—all under a traitorous and deliberate campaign.
So here's what we know about this traitorous act:
Legal Fraud of the 14th Amendment
The 14th Amendment and the Bill of Rights
The Dual System of Law Effectuated by the 14th Amendment
Ludwig von Mises Institute: The Truth About the 14th Amendment
Lew Rockwell: The Squalid 14th Amendment
Using The 14th Amendment To Nullify Secession Petitions is Preposterous
14th Amendment: USA The Republic is the House that No One Lives In