Posted by KatNip on September 22, 1998 at 19:41:12:
In Reply to: What is "supreme Law"? posted by Paul Andrew Mitchell, B.A., M.S. on September 22, 1998 at 13:37:33:
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. Art. VI, Const.
Treaties. “[I]t is declared that treaties shall be the supreme law of the land, care is taken to include, by express words, the Treaties made by the confederated States. The language is: ‘and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land.’” Dred Scott v. Sandford, 19 How. 393, 441 (1857).
“the citizens of each State shall be entitled to all the privileges and immunities of citizens in the federal States, ...” Annals of Congress, 8th Cong., Senate, The Louisiana Treaty, p. 51, November, 1803.
Woodrow Wilson wrote: “Our constitutions are comparable [. . .] to the charters of great corporations, our statutes to their by-laws, our treaties to their contracts [and] the chief object of the Union and of the revision of the Articles of Confederation which gave us our present federal Constitution was undoubtedly commercial regulation.” Woodrow Wilson, Constitutional Government in the United States (Columbia University Press, 1909, reprint 1961), p. 147.
: : First of all, the language here does not reference the
: : Constitution of the United States, as you seem to indicate
: : above. It references the Constitutions and laws of any State.
: I am not entirely sure I understand what you
: are saying here.
: Here is my construction of the Supremacy Clause:
: The Constitution for the United States of America
: (aka "this Constitution"), all Laws of the
: United States (federal government), and all
: Treaties made under authority of the
: United States (federal government), shall be
: the supreme Law throughout America, despite
: anything to the contrary which may be found
: in the constitutions or laws of any Union state.
: And all state judges shall be bound by this
: same supreme Law.
: Put even simpler:
: The U.S. Constitution, federal laws, and
: federal treaties are all supreme Law.
: When there are conflicts with state
: constitutions or laws, this supreme Law
: All state judges are bound by the above.
: /s/ Paul Andrew Mitchell, B.A., M.S.
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