Tuesday, June 17, 2014

The Post Constitutional Era! Part XXIV

Aticle 6 - Debts, Supremacy, Oaths

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

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.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

“The Constitution is the supreme law of the land. If a state law or constitution contradicts a constitutional federal law, state judges are required to uphold the federal law.

In our system of federalism, in order for a federal law to be constitutional, it must be an exercise of Congress’s powers enumerated in Article I, Section 8. The Tenth Amendmentspecifies that powers not delegated to the federal government are reserved to the states and the people.

Supreme Court Chief Justice John Marshall cited the Supremacy Clause in cases that solidified federal power including McCullough v. Maryland (1819), and Gibbons v. Ogden (1824).”

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