Supremacy Clause

Question 1

R: Supremacy Clause

Answer 1

Art. VI, Sec. 2: “This Constitution, and the laws of the United States, which shall be made in pursuance thereof … shall be the supreme law of the land.”

Although the Federal government is limited in its powers, its powers are supreme within its enumerated spheres of action.

Prohibits states from using their powers to thwart polices that the Fed gov has the constitutional authority to enact and preserve

Question 2

A (for Supremacy Clause): McCulluch v. Maryland

Answer 2

There, MD argues if it conceded that US can regulate a Bank, argues the States still can use its authority to tax it. Power to tax is the power to destroy, so it wouldn’t make sense to give States the power to destroy what the Constitution gives the Feds a right to create and preserve. If a State attempts to interfere with a federal enumerated power, the federal law or directive trumps the States