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The Supremacy Clause

The Supremacy Clause. Establishes the Constitution as the “supreme law of the land” Federal law supersedes state laws when a conflict exists Also known as the “linchpin clause”. The “linchpin clause” guarantees federal supremacy. The Commerce Clause.

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The Supremacy Clause

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  1. The Supremacy Clause Establishes the Constitution as the “supreme law of the land” Federal law supersedes state laws when a conflict exists Also known as the “linchpin clause” The “linchpin clause” guarantees federal supremacy

  2. The Commerce Clause Allows the government to regulate trade with foreign countries Also interstate commerce (trade between states) Used along with the elastic clause to expand federal authority: Interstate navigation Modern civil rights law The landmark 1824 commerce clause case Gibbons v. Ogden dealt with steamboats sailing from New Jersey to New York harbor (shown here)

  3. Implied Powers Powers not written in the Constitution Federal government can exercise them by assuming the delegated powers Stem from the “necessary and proper” (or “elastic”) clause Examples include regulating airlines and radio and television “Necessary and proper”

  4. Federalists • In favor of ratification • Favored government by “rich and well-born” • Support concentrated in coastal areas and large cities • Leaders included Hamilton and Madison Hamilton Madison

  5. Anti-Federalists • Opposed ratification • Tended to be middle-class, farmers, and those who favored civil liberties over a strong government • Included Patrick Henry, George Clinton, Mercy Otis Warren Anti-Federalist leader Patrick Henry refused to attend the Philadelphia Convention, saying he “smelt a rat”

  6. The Federalist Written by Federalists Hamilton, Madison, and Jay Essays explaining and supporting ratification Published first in leading newspapers, later in book form Impact on public opinion debatable

  7. The Bill of Rights Lack of protection of civil liberties in Constitution hotly debated Madison given task of writing series of amendments 12 amendments proposed, 10 ratified Amendment dealing with congressional pay raises not ratified until 1992

  8. The Bill of Rights: A Summary • Freedom of speech, press, religion, assembly, and petition • Right to keep and bear arms • Conditions for quartering of soldiers • Regulation of search and seizure • Provisions concerning prosecution • Trial by jury and the rights of the accused • Right to civil trial by jury • No excessive bail or punishments • Protection of unenumerated rights • Powers reserved to the states or the people

  9. Adapted from Social Studies School Service: Writing the Constitution

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