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The supremacy clause

The supremacy clause. Contained in article VI Asserts the basic primacy of the Constitution and national law over state laws and constitution (pg 52) Along with the Constitution and US laws, treaties are also to be ruled as the ultimate law of the land

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The supremacy clause

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  1. The supremacy clause • Contained in article VI • Asserts the basic primacy of the Constitution and national law over state laws and constitution (pg 52) • Along with the Constitution and US laws, treaties are also to be ruled as the ultimate law of the land • This is why judges and state officers have to take an oath to support the federal constitution. • The exercise of national power over state law is called preemption • What would happen with this clause........the federal system would have little enforceable power.

  2. Federalists • Ones who favor a strong national government. • Supported the proposed constitution. • They were the first political party. • Feared being labeled nationalists.

  3. Anti-Federalists • Those who favor strong state government. • Opposed the proposed constitution. • Argued that they did not want to risk a tyranny by giving the national government too much power.

  4. Federalist Papers 85 political papers written between Oct 1787-May 1788 By Alexander Hamilton, James Madison, and John Jay written in support of the ratification of the Constitution written under pen name of Publius, which is Latin for “the people”

  5. British System • Unlike the United States, the British System has no written constitution or anything comparable to Bill of Rights granting individual freedoms • Parliament has ultimate authority • A simple majority vote in the legislative branch can change this unwritten constitution

  6. Bill of Rights - refers to the first ten amendments to the U.S. Constitution, which largely guarantees specific rights and liberties -ratified in 1791 as protection for individuals -ex: Freedom of expression, speech, press, religion, and assemble (all in the 1st) -protects individuals who have been accused of a crime -amendments 2 (right to bear arms) and 3 (right to not quartered soldiers) are reaction to British Rule

  7. Amendments - The process of amending the Constitution to change it meaning, or add something to it. -amendment process was designed but the framers to keep from impulsive amendments - Two ways to amend the constitution: Proposal and Ratification

  8. Methods of Prososal Methods of Proposal- by two-thirds vote in both houses of Congress OR by national constitutional convention call by Congress at the request of two-thirds of the state legislatures -This method has never been used

  9. Methods of Ratification Methods of Ratification: By legislatures in three-fourths of the states OR by conventions in three-fourths of the states -This method has been used and allows from amendment to be ratified quickly (as for the 21 amendment: 10 months) and also very slowly (as for Equal Rights Amendment: over 10 years)

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