Show Notes - The Myth Of Federal Supremacy
Show Notes - The Myth Of Federal Supremacy
Watch Episode #60 - The Myth Of Federal Supremacy
Description
Episode #60
Today on Legale§e we are discussing criminal law, Congress and the myth of federal supremacy. For over a Century, there has been a trend born of the progressive movement of the early 20th century that the protection of individual liberty will best be achieved by turning to the Congress and Supreme Court to use the federal Constitution and the Bill of Rights to protect people by policing the states to ensure that state governments don’t violate people’s right.
But, what if that entire notion is based on an understandable, but chronically flawed assumption.
This episode will ask and then answer the following questions presented.
Has the inclination to leave the vast majority of civil and criminal laws to the legislatures of the several states been a mistake?
Does the Constitution give Congress a general power to make our civil and criminal laws?
Did the founders believe the role of the federal government was to create a single, uniform code of internal laws?
Are the States duty bound to enforce all federal laws and can the federal government force the States to repeal their own laws?
Additionally, we will be looking at the Supremacy Clause as well to answer the question “Is federal law the supreme law of the land.”
Links
The Federalist Papers
“The Federalist Number 14, [30 November] 1787,” Founders Online, National Archives, https://founders.archives.gov/documents/Madison/01-10-02-0185.
“The Federalist No. 33, [2 January 1788],” Founders Online, National Archives, https://founders.archives.gov/documents/Hamilton/01-04-02-0190.
The Federalist Number 43, [23 January] 1788,” Founders Online, National Archives, https://founders.archives.gov/documents/Madison/01-10-02-0248.
“The Federalist Number 44, [25 January] 1788,” Founders Online, National Archives, https://founders.archives.gov/documents/Madison/01-10-02-0251.
“The Federalist Number 45, [26 January] 1788,” Founders Online, National Archives, https://founders.archives.gov/documents/Madison/01-10-02-0254.
“The Federalist Number 46, [29 January] 1788,” Founders Online, National Archives, https://founders.archives.gov/documents/Madison/01-10-02-0261.
State Ratification Conventions
George Mason: Objections to the Constitution (October 1787), in Kaminski and Saladino, Documentary History of the Ratification of the Constitution, 8:41–46.
“James Wilson's State House Speech,” October 6, 1787. From Teaching American History. https://teachingamericanhistory.org/document/state-house-speech/
“James Wilson Address in Pennsylvania Ratifying Convention, November 26, 1787,” Elliot's Debates: Volume 2. Convention of Pennsylvania, https://teachingamericanhistory.org/resource/elliot/vol2/pennsylvania1126/.
Patrick Henry. “Speech Delivered at the Virginia Convention Debate of the Ratification of the Constitution”. Speech, June 07, 1788. From Teaching American History.
The Virginia Plan - Founder’s Constitution. Volume I, Chapter 8, Document 7. 29 May 1787. Farrand 1:20--22.
“Thomas Jefferson to Joseph C. Cabell, 2 February 1816,” Founders Online, National Archives, https://founders.archives.gov/documents/Jefferson/03-09-02-0286.
Definitions, Legal Terms & Constitutional Text
“Law of nations.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/law%20of%20nations.
Law Of Nations Legal Definition.
See Also: Jus Gentium“Supremacy Clause Article VI, § 1, Clause 2,” Congress.gov, National Archive, https://constitution.congress.gov/constitution/article-6/
Supreme Court Precedent
Prigg v. Pennsylvania, 41 U.S. 539 (1842). https://supreme.justia.com/cases/federal/us/41/539/.
New York v. United States, 505 U.S. 144 (1992). https://supreme.justia.com/cases/federal/us/505/144/.
Printz v. United States, 521 U.S. 898 (1997). https://supreme.justia.com/cases/federal/us/521/898/.
National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012). https://supreme.justia.com/cases/federal/us/567/519/.
Murphy v. National Collegiate Athletic Association, 584 U.S. ___ (2018). https://supreme.justia.com/cases/federal/us/584/16-476/.
Past Episodes
A Playlist of all past episodes on relevant topics. (Federalism, criminal law, Congress, Supremacy Clause, consolidation, Anti-commandeering Doctrine, state law & federal law).
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