Supremacy clause law Essays - Commerce Clause, Supremacy Clause

Supremacy clause law The Supremacy Clause is the name given to Article VI, Clause 2 of the United States of America Constitution, which states (wikipedia): 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 not with standing(wikipedia). Before the civil war the Supreme Court would uphold the states individual rights because of the tenth amendment. If the federal government did not hold a position then the state reserved the right to make and uphold a decision. In 1930, the federal government reversed its position and stated that the federal government is not accountable to uphold state laws, hence, the Supremacy Clause (wikipedia). The Supremacy Clause of the constitution of the United States of America means that all states must follow the federal law when there is a conflict. This clause is also known as Article VI, Clause 2 which means that if there is a conflict between a state law whether it be a court order or a court decision then the federal law is the Supreme Law of the Land (The 'Lectric Law Library's Lexicon). Under the Supremacy Clause everyone must go by the federal law and disregard the conflicting state law. The Supremacy Clause also requires that each state legislature remember critical federal policies when they are enacting state policies. Ultimately, national uniformity is the reason behind the Supremacy Clause. A perfect example of this is the National Labors Act of 1935 which preempts almost all state laws, when they are dealing with labor unions and labor related management decisions. (wikipedia). The Commerce Clause of the United States Constitution (Article 1, Section 8) is the clause that authorizes Congress the power (wikipedia), To regulate Commerce with Foreign Nations, and among the several states, and with Indian Tribes (wikipedia). The commerce clause is one of the most fundamental powers delegated to Congress by its founders. This clause is the legal foundation of the governments' regulatory power. Interstate commerce is defined as; the transportation of products and services across state line. The commerce clause has a long history that is typically divided into three distinct eras; the first 150 years, 1937-1995 period, and 1995 until now. The first period or era involved actions from the Federal Government (approximately 1400 cases) that found the court limiting state legislation for moving into an area that was a federal concern. The most classic example was in 1886involving the railroads. It denied the state the right to regulate its railways based on the fact congress's power was exclusive. Hence, the Commerce Act of 1887. For the next forty years, the Federal government applied the same restrictions on oil production, mining, fishing, farming, and even hydroelectric power. This decision was based on the fact that most of these products or the effects of them applied to other states as well as the state where they were produced meaning interstate commerce. In other words, when the business becomes interstate (not just a local process) then it is subject to Federal regulations. One example would be that of the cattle business. This also led to federal regulations involving impure drugs and food, lottery tickets, meat, prostitution across state lines and child labor laws. In 1941, the federal government went on to regulate labor standards such as wages and hours, labor relations, as well as, navigable streams (Answers.com). Justice Frank Murphy stated: The Federal commerce power is as broad as the economic needs of the nation (North American Company v. Securities and Exchange Commission) (Novelguide.com). In 1964 came the Civil Rights Act that met the social needs of the nation as well. It banned racial discrimination based on the fourteenth amendment. Next, in 1995 came the Lopez vs. the United States which made it a federal crime to possess a firearm on school property. With this decision Justice Rehnquist ruled that Congress was over stepping its bounds and exceeding its authority using the commerce clause. Chief Rehnquist also struck down the Violence against Women Act