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Article IV: The Supremacy Clause. Separating Fact From Fiction

Updated on April 9, 2017

Legality is relative

Our Federal Government is out of control. Our government is imposing its will on us, at an alarming pace. The usurpation of power and the blatant disregard for our rights, is more apparent every day of every week. All of this, with absolutely no pushback from congress. Our elected officials have broken down, and they are almost useless at this point. One of the beautiful things about America and the Constitution, is that we have non violent legal options to unseat a tyrant, or someone that is no longer fit to hold office. Our current problem, is the lack of political will by congress, the lack of interest that has overtaken the electorate, and the media’s unwillingness to inform the masses, as to what is going on. This regime attempts to justify their disregard for the rule of law, by invoking the “supremacy clause” or Article VI of the Constitution. The Constitution, is the supreme law of the land, and ignoring it, does not make it go away, nor does it change Constitutional law as a whole. Legality is relative, and it doesn’t always mean that legal translates to moral. The holocaust was legal in Germany, only because the regime deemed it so. It is legal in North Korea for the government to feed people to dogs, and initiate other twisted forms of execution. Kim Jong Un doesn’t subscribe to our Constitution’s 8th amendment. No one in America would condone such atrocities, as we are a civilized nation that takes pride in respecting life, and having the belief that all life is sacred. Our country and our laws are based on Judeo-Christian principles, and in that respect, we are a Christian nation. The fact that we as a society, have walked away from that, lands us in our current state of mass ignorance, and immorality. The Federal Government is not God, as much as it would like to think that it has divine authorization to spread tyranny in the name of “fairness” or “social justice”. The “supremacy clause” has significant constitutional meaning, and it is very specific, in describing the circumstances in which Federal law supersedes state law. It is not as cut and dry as the left would have you believe.

Conflict resolution

It is important to have guidelines, that act as a resolution, in cases where Federal and State law are at odds. The Constitution is our supreme law, because so much of it, is a result of divine inspiration. Basic monotheistic principles, such as belief in a creator, and a universal moral code, are central to our Constitution and our founding. According to Article VI, also known as the supremacy clause, Federal Law, supersedes State Law. But it clearly states that this is only the case, when said law is “in pursuance thereof” the US Constitution. In other words, Congress cannot violate the Constitution, and impose that violation on the states. An unconstitutional Federal Law, can be nullified by the states, by way of a vote, or the people of a state, just choosing to ignore such unconstitutional legislation. We all have a duty, to live our lives, with our God given rights intact, and we all need to acknowledge, that the government does not grant rights, and therefore they cannot take them away. The American public is literally handing their rights over to uncle sam, voluntarily. We are giving away God given rights, that were fought for, and earned through the blood and sacrifice of patriots. How disrespectful is it, that we are handing all of that, to the Obama regime, on a silver platter? We are not even putting up a fight! We are too distracted with sports, and reality TV to even know what our government is doing. We have college kids that think Benghazi is some guy running for office. If you mention Kardashians, everybody wants to talk, and everybody has something to add, or an opinion to give. No one in our government is held accountable , because we don’t hold them accountable. We want to complain about what government does, but we can’t answer basic questions about the Constitution or American Government. How can we as Americans, be educated on the issues of the day, if we don’t even know what the issues are? How can the media get away with invoking the 14th amendment to argue for “anchor babies”, when the 14th amendment makes no reference to anything that would support these claims? They get away with it, because people are too lazy to pick up a copy of the Constitution, and read the 14th amendment. The states must realize, that they have this power over the Federal Government. Our Central Government, only exists in its regulatory form, because the individual states allowed it. Under an early draft of the Constitution, known as the Articles of Confederation, the Federal Government would only exist as a consultant, and would have no real power, regulatory or otherwise. They would have been there to advise. However, the series of events that took place during the American Revolution, led our founders to believe that there had to be a centralized government in some capacity to organize and manage military and resources, in times of need such as war or crises. Sovereign states are the essence of America, not the Federal Government.

Congressional power has limits

Our Constitution is very specific as to what Congress can do. The purpose of our founding document, was to limit government, not individuals, small businesses, or corporations. Think of everything that the Federal Government prohibits, marijuana for example, and remember that the Constitution does not give Congress the legal standing, to “ban” anything. Federal drug laws, are among these unconstitutional laws that can be nullified by states, and in the case of marijuana, it is already being done. Drug laws, if they are to exist at all, are state issues, and they should not even be mentioned in the halls of the US Congress. At the Constitutional Convention, there were other conflict resolving strategies that were discussed, regarding the supremacy clause. James Madison believed that congress should have the power to veto state laws. Madison was also in support of a proposal by Charles Pinckney, stating that “the National Legislature should have authority to negative all state laws which they should judge to be improper”. These proposals were voted down, because they wanted to avoid conflict between the Federal Government and the States, as much as possible and they thought that these congressional powers, would encourage this type of conflict. Can we even begin to fathom, the reality of congress having that kind of control over the states? Catastrophe would be an understatement, even by today’s standards. The Supremacy Clause, as it exists today, was adopted without any significant opposition.

Fast forward to modern day, even when a state invokes their 10th amendment right to state sovereignty, and self governance they have to incur the expenses associated with legal defense, because the Obama regime takes legal action against any state that does not kneel to its dictator-like tendencies. I guess alot of things can change in 100 years.

Nullification and the Supremacy Clause

Education is paramount!

The next time you are debating with a friend, and they mention the “supremacy clause” to support their ridiculous attempt at justification, for clearly unconstitutional laws or executive orders, take their inaccuracies, and fabrications, and beat them over the head with it, by highlighting the fact that the Constitution is still the supreme law of the land, and unconstitutional legislation is invalidated, when Nullification is used properly and effectively by state governments. It still is amazing to me, how many people do not know these ins and outs, of our founding, and our Constitution. Our founders knew that the American experiment, would only last, as long as the citizenry were able to remain moral, and virtuous. We have to ask ourselves, if morality is the issue? Is it a societal problem, or does it run deeper than that? Maybe it is the willful ignorance, and complacency, that we tend to exhibit as a society with all of the distractions that exist in today’s world of pop culture? The thought that, America will always be America, no matter what happens, is planted deep in the minds, of everyday Americans, and it is difficult for one to imagine anything other than the freedoms that we have come to know and enjoy. But that is why, progressives operate incrementally, and take only small victories, in an attempt to implement a long game that has spanned over a century. People don’t notice the changes, because they are imposed over many generations, as not to spook anyone, or raise any red flags. Progressives and revolutionaries thrive only in the midst of ignorance and complacency. Truth, education and an informed citizenry, are progressive kryptonite. It weakens them and will eventually cause them to die, but they are doing a great job right now of silencing opposition through, intimidation and political correctness. We as Americans, have an obligation to educate ourselves and only speak truth, even when their are consequences for speaking such truth. We need to “question with boldness” and stand on principle. Political expediency needs to take a backseat, and we need to focus on what is right for America, not what’s right for Washington oligarchs.


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    • bradmasterOCcal profile image

      bradmasterOCcal 2 years ago from Orange County California


      All things not in CA.

      Born in Manhattan, many of my friends and family moved to Florida.

    • libertyordeath19 profile image

      libertyordeath19 2 years ago

      Yeah I guess CA is pretty hopeless at this point. You should move down here to Florida. No state income tax, and business friendly, and to top it off, concealed carry!

    • bradmasterOCcal profile image

      bradmasterOCcal 2 years ago from Orange County California


      As I am not fond of the State Legislature, or Governor in CA, I wouldn't want them to appoint our federal senators. Even the elected senators here are bad enough.

    • libertyordeath19 profile image

      libertyordeath19 2 years ago

      Very true. Another amendment that has been catastrophic, is the 17th, and the resulting election of Senators via popular vote. Prior to the 17th, the state legislatures appointed the Senators . That had a major effect on the balance of power in DC.

    • bradmasterOCcal profile image

      bradmasterOCcal 2 years ago from Orange County California


      Great hub and I agree with your view.

      I might add that there are two other factors that have created the obese federal government of today.

      The 16th Amendment gave us Federal Income Tax. The power to tax was already in the constitution. But, this amendment circumvented apportionment, and allowed the government to tax income without apportionment of the states.

      It is constitution by definition because it is an amendment and therefore part of the constitution, but it is a low down mechanism. What it did was to allow the federal government to grow from the government of limited power intended by the founders, to the big brother of today.

      The second element allowed the Federal Government to make its presence in anything they wanted to get into. In essence, making a federal case on a mole hill.

      That was accomplished by the Supreme Court misinterpreting the Interstate Commerce Clause. Not just one time or one issue but numerous times.

      This one two punch knocked the reason for having states into unconsciousness There is really no need to have the states today, either united or not. The federal government has made its interests pervasive across the states.

      The 10th amendment gives the states domain over whatever the feds left for them.

      What the federal government was supposed to do is protect the country from foreign and domestic violence. They failed to do this twice, not learning from the first failure.

      Pearl Harbor and 911 share the same failures of miscommunication among the government agencies that should have been our line of defense. The difference between Pearl Harbor and 911 is that the federal government had considerably increased in its size and scope

      This only made communications among the agencies more convoluted.

      With the ACA they continued to infringe on the rights and purposes of the states.


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