Supremacy Clause
The laws of the US are well defined across the national and the state government. The Supremacy clause is contained in the second paragraph of the sixth article of the US constitution. As defined in the Supremacy Clause, the federal law and the federal constitution enjoys supremacy among the laws of the land. The states are prohibited from interfering with the federal government in the implementation of the constitutional powers. Also, the state government should not assume any function assigned to the federal government. The supremacy clause, however, fails to allow the federal government to review the various laws before they can take effect. Generally, the supremacy clause comes in to play the role of the national government in avoiding any forms of legal conflicts that might occur between the federal and state governments.
The Supremacy clause has gone through several interpretations that have worked in unison to develop the current Supremacy Clause. However, the Supremacy Clause has not ceased from developed, and court cases have developed in the recent past to develop the Supremacy Clause further (Cobb, 2017). In the year 1920, Missouri vs. Holland case forced the Supreme Court to apply the Supremacy Clause. The Missouri vs. Holland case involved an interpretation of international law, and thus, the Supreme Court had to define the roles to be played by each of the involved government agencies on the international issue. The 1920 case brought out the supremacy of the federal government over the state governments concerning issues to deal with international treaties and thus the concerns of state governments should not interfere with the processes of the federal government.
Applying the supreme clause does not happen in every situation. The Supreme Court has been instrumental in ensuring that the Supremacy Clause is considered to the latter. For example, the application of the Supremacy Clause has been limited to unmistakable events that are not in a position to cost the country. The interpretations of the events that necessitate the application of the Supremacy Clause have been interpreted from the different Supreme Court cases. Another court case that shaped the interpretation of the Supremacy Clause and some cases have involved the states and corporations. For example, California vs. ARC American Group case further provided an interpretation of the roles of the different governments. The interpretation of the Supreme Court clarified that the desire by the Congress to act on the area could nullify the actions of the State on the same area and that the application of the Supremacy Clause could be triggered.
The politics of America are based on a federal system of law. In a federal system, two or more governments are allowed to control the governance of the same geographical region. A unitary system differs from a federal system in that only one power is allowed to assume the control of a given geographical region. However, conflicts are common where more than one government is in control. Therefore the establishment of the Supremacy Clause is strategic in ensuring that conflicts do not affect the functionality of the different governments. Besides, the Supremacy Clause gives more power to the federal government on matters to do with the governorship. The decisions of the federal government stand out in the middle of several decisions that present options for various legal institutions in the US. Generally, the Supremacy Clause is crucial in ensuring that a crisis does not create more conflicts between the federal and state governments.
The application of the Supremacy Clause has been made on several occasions. For example, the 1854 incidence of the editor, Sherman Booth, who attempted to help in fighting slavery, brought out the importance of the Supremacy Clause. The case of Booth that also involved a US marshal saw different rulings with the power of the federal government being made clear among the nationals. According to the first court ruling, Booth was right to rescue the slave from a marshal’s residence, and thus Booth was released. However, the appeal made at the national Supreme Court led to the annulment of the state Supreme Court further showing the power of the federal institutions over the state institutions.
The historical nature of American politics has been based on conflicts that exist between the functionality of both the federal and state governments. Therefore, the application of the Supremacy Clause has been essential in solving the conflicts between the federal and state governments (Chemerinsky, 2016). However, the application of the Supremacy Clause has been facing challenges due to the nature of American politics. For example, Congress was given the allowance of impacting the approval of various law sections. The impact of politics on the Supremacy Clause has been crucial in leading to twists in the interpretations made by the Supreme Court. The interpretations are aimed at ensuring that the application of the Supreme Clause does not receive different interpretations from different groups. Generally, the politics of America have been crucial in giving the Supremacy Clause, the current form.
Initially, the Supremacy Clause received criticism from the Congress that claimed that the Supremacy Clause was a plot to preempt the functions of the state governments. However, the Supremacy Clause has been active since the clause has already been included in the constitution, and thus, several government agencies have been keen to stand by the clause. Therefore, the resistance of the few governments has, however not been ignored and the Supreme Court has been keen to provide information concerning any form of confusion that might exist between the two governments. Additionally, congress has been trying to rely on congress to bring alone the desire to explain the attempt to preempt the state laws. Generally, American history has been developed by different legal opportunities, and the Supremacy Clause has been crucial in the transformation process.
In sum, the Supreme Clause is essential in ensuring that the federal law and the federal constitution enjoy supremacy among the laws of the land. The states are prohibited from interfering with the federal government in the implementation of the constitutional powers. Also, the state government should not assume any function assigned to the federal government. The supremacy clause, however, fails to allow the federal government to review the various laws before they can take effect. Also, the politics of America have been significant in impacting the application of the Supremacy Clause. Generally, the Supremacy Clause aims at avoiding the conflict that might exist between the federal and state governments.
References
Chemerinsky, E. (2016). In defense of judicial supremacy. Wm. & Mary L. Rev., 58, 1459.
Cobb, S. A. (2017). Jettisoning” Jurisdictional”: Asserting the Substantive Nature of Supremacy Clause Immunity. Virginia Law Review, 107-155.