Federal and State Powers:
Explain how the Supremacy Clause and 10th amendment to the U.S. Constitution affects states’ rights. Include a discussion on what powers the states have reserved for themselves.
A Written Assignment
Commercial Law – LEG 565
Fall 2009
Federal and State Powers
Supremacy clause
The following text is the Supremacy Clause of the United State Constitution, article VI in paragraph 2 retrieved from website leclaw.com:
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 Supremacy Clause has forms the Constitution, federal laws and regulations, and U.S. treaties, as the supreme law of the land. These were certified as the highest law of the United State legal system, which state or local laws are unconstitutional if they are conflict with federal law.
Tenth Amendment
“Bill of Rights” is a warranty of certain the primary rights to natural persons and protects these rights from intrusive government action (Cheeseman, p. 42). Additionally, the Tenth Amendment was established and known as a part of the “Bill of Rights” to the United State Constitution.
From website billofrightsinstitute, the following is the text of Tenth Amendment in the Bill of Rights:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people.
The Tenth Amendment was ratified in 1791(from article The 10th Amendment, website Revolutionary war and beyond), which has an object to limit the power of the federal government because people want to have enough their own power in hand to retain their local state and do not want the government has too much power in...