Eleanor Finch
The writers of the US Constitution favored civilian supremacy as they wanted to create a powerful central government that could provide order and stability. The Constitution was created in response to the failures of the Articles of Confederation, which gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, or print money. The Supremacy Clause, a cornerstone of the US federal political structure, establishes the priority of federal authority and assumes that federal law prevails over conflicting state laws. This was a significant structural provision that allowed the federal government to manage the nation's affairs and address political difficulties. The writers of the Constitution, including James Madison, Alexander Hamilton, and George Washington, aimed to create a strong central government while also addressing concerns about centralized power and loyalty to individual states.
| Characteristics | Values |
|---|---|
| A strong central government | To provide order and stability |
| Supremacy of federal law | The Constitution and federal laws take priority over state laws |
| Judicial review | Courts can invalidate federal or state laws that are unconstitutional |
| Protection of individual rights | The Bill of Rights limits federal power and protects individual freedoms |
| Compromise and consensus | Crafting a constitution that represented different interests and views |
Explore related products
$22.79 $43
What You'll Learn
The Supremacy Clause
The US Supreme Court first applied the Supremacy Clause in the 1796 case, Ware v. Hylton, ruling that a treaty superseded conflicting state law. The Court held that states and citizens were bound to comply with the federal government's treaty obligations. The Court continued to uphold the principle of federal supremacy throughout the nineteenth century, although its doctrine of dual federalism during this period limited the direct application of the Supremacy Clause.
Division of Powers: Understanding Constitutional Principles
You may want to see also
Federal law takes priority over state law
The writers of the US Constitution, including James Madison, Alexander Hamilton, and George Washington, were concerned that the young nation was on the brink of collapse due to disputes among the states over territory, war pensions, taxation, and trade. They aimed to address these issues by creating a strong central government that could provide order and stability. This led to the inclusion of the Supremacy Clause, which establishes the priority of federal law over state law.
The Supremacy Clause, introduced as part of the New Jersey Plan during the Constitutional Convention in 1787, asserts that the Constitution, federal laws, and treaties made under the authority of the United States are the "supreme Law of the Land." It states that federal law takes precedence over any conflicting state laws, and judges in every state are bound to follow federal law, regardless of state constitutions or laws. This clause was included to address the lack of enforcement powers and the inability to regulate commerce under the Articles of Confederation, which governed the United States from 1781 to 1789.
The Supremacy Clause played a significant role in shaping the nation's political structure and the relationship between federal and state governments. It provided a clear framework for resolving conflicts between federal and state laws, with federal law expressly or impliedly preempting state law. The Supreme Court has applied this principle in various cases, such as in Ware v. Hylton in 1796, where a treaty superseded conflicting state law, and in Davis v. Elmira Sav. Bank in 1896, reinforcing the precedence of federal law.
While the Supremacy Clause affirms federal supremacy, it is important to note that federal statutes and treaties must still operate within the boundaries of the Constitution. The Tenth Amendment, for example, outlines that the federal government only possesses the powers delegated to it by the Constitution. The Supremacy Clause, therefore, serves as a check on federal power, allowing the Supreme Court to exercise judicial review and invalidate any federal statutes or actions that violate constitutional provisions.
In conclusion, the writers of the Constitution favored civilian supremacy by establishing a strong central government and incorporating the Supremacy Clause, which gives priority to federal law while also ensuring that federal actions remain within constitutional limits. This balance between federal authority and state autonomy has been a cornerstone of the US political system, allowing for a stable and unified nation.
SPP of the Appraisal Institute: Standards, Scope, and Principles
You may want to see also
The need for a strong central government
The writers of the US Constitution, including James Madison, Alexander Hamilton, and George Washington, believed that a strong central government was necessary to prevent the young country from collapsing. America's first constitution, the Articles of Confederation, had given the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, could not regulate commerce, and could not print money. As a result, disputes between the states over territory, war pensions, taxation, and trade threatened to tear the country apart.
Madison, in particular, was a strong advocate for a powerful central government to provide order and stability. He proposed that a "middle ground" could be found that would support the "supremacy of the national authority" while maintaining state power in a subordinate role. Madison and Hamilton worked together to revise the Articles of Confederation, and they played a key role in convening the Constitutional Convention in Philadelphia in 1787, which ultimately produced the US Constitution.
The Constitution included a Supremacy Clause, which established the supremacy of federal law over state law. This clause was a direct response to the weaknesses of the Articles of Confederation, which lacked any provision declaring federal law as superior. The Supremacy Clause was not a major source of disagreement at the Constitutional Convention, but it did generate controversy during debates over the Constitution's ratification. However, advocates of federal supremacy, like Madison and Hamilton, ultimately prevailed, and the Constitution was ratified in 1788 with the Supremacy Clause intact.
The inclusion of the Supremacy Clause reflected the writers' desire for a strong central government that could effectively manage the nation's affairs and address the issues that had plagued the country under the Articles of Confederation. They recognized that a unified and powerful central government was necessary to resolve disputes between states and to ensure the country's survival and prosperity. This strong central government would have the authority to "negative all laws passed by the several States" that conflicted with the articles of Union or any treaties, thus ensuring a consistent and unified approach to governance.
However, it is important to note that there was also opposition to the idea of a strong central government. The Anti-Federalists, who opposed the Constitution, argued that a powerful central government would remind them of the one they had just overthrown. They believed that a large republic would lead to an impersonal, unrepresentative, and oppressive government dominated by the wealthy. Additionally, they criticized the lack of a bill of rights in the original Constitution, which they saw as a threat to individual freedoms. Despite these concerns, the Federalists, who favored a strong central government, were able to secure the necessary support for ratification, and the Constitution was adopted with the understanding that amendments would be made to protect individual liberties.
The Constitution: A Long and Winding Road
You may want to see also
Explore related products
The Articles of Confederation were inadequate
The Articles of Confederation, America's first constitution, governed the United States from 1781 to 1789. However, the Articles were inadequate for several reasons.
Firstly, the Articles gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, or print money. This meant that the federal government could not effectively manage the nation's affairs, and the states' disputes over territory, war pensions, taxation, and trade threatened to tear the country apart.
Secondly, the Articles did not include a provision declaring federal law to be superior to state law. As a result, during the Confederation era, federal statutes did not bind state courts in the absence of state legislation implementing them. This issue was addressed by the Supremacy Clause in the new Constitution, which established that the Constitution, federal laws, and treaties made under the authority of the United States were the supreme Law of the Land, binding the judges in every state.
Thirdly, the Articles did not provide for a strong central government, which some believed was necessary to face the nation's challenges and provide order and stability. The Federalists, for example, supported a powerful central government, while the Anti-Federalists opposed it because it reminded them of the one they had just overthrown. The writers of the new Constitution aimed to create a balance between a strong central government and maintaining state power, resulting in a compromise that has contributed to the longevity and emulation of the Constitution.
Finally, the Articles of Confederation lacked a bill of rights, which some believed was necessary to ensure the protection of individual freedoms and limit the power of the government. Thomas Jefferson, for example, wrote to Madison that a bill of rights was "what the people are entitled to against every government on earth." Madison eventually came to agree, recognizing that a bill of rights would not only ensure acceptance of the Constitution but also have positive effects on the community.
Smuggler's Fitness: Agility, Constitution, or Strength?
You may want to see also
The role of James Madison
James Madison is popularly acclaimed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the Bill of Rights. Born in 1751 in Virginia, Madison was a member of the Virginia House of Delegates and the Continental Congress during and after the American Revolutionary War. Dissatisfied with the weak national government established by the Articles of Confederation, he helped organise the Constitutional Convention, which produced a new constitution designed to strengthen republican government against democratic assembly.
Madison wanted a strong central government to provide order and stability. He believed that a middle ground could be taken to support the supremacy of the national authority while maintaining state power when it was "subordinately useful". Madison and John Tyler proposed that the Continental Congress be given the power to regulate commerce throughout the Confederation. They also issued a report on a meeting in Annapolis, calling upon Congress to summon delegates of all the states to meet.
Madison was also concerned with the role of the judiciary in American republican constitutions, driven by his perception of the misuse of legislative power. He believed that the independence that Parliament had gained in the Glorious Revolution had since been corrupted by the modes of patronage and influence that allowed the Crown to control Parliament. Madison's seminal April 1787 memorandum on the Vices of the Political System of the United States outlined these concerns. He supported a council of revision to provide "a check to precipitate, to unjust, and to unconstitutional laws". Madison also defended the Supremacy Clause as vital to the functioning of the nation. He stated that if a number of political societies entered into a larger political society, the laws enacted by the latter must be supreme over those of the former.
Madison's influence extended beyond his work on the Constitution. He became a key adviser to George Washington, helping him write his first inaugural address and playing a significant role in establishing and staffing the three Cabinet departments. His influence also helped Thomas Jefferson become the first Secretary of State.
Texas's Unique County Court System: Why 254?
You may want to see also
Frequently asked questions
The Supremacy Clause is a provision in the US Constitution that establishes the supremacy of federal law over state law. It assumes the underlying priority of federal authority and states that the Constitution, federal laws, and treaties made under the authority of the US are the supreme law of the land.
The writers of the Constitution, including James Madison, Alexander Hamilton, and George Washington, included the Supremacy Clause to address the shortcomings of the Articles of Confederation, which lacked enforcement powers and the ability to regulate commerce. The Supremacy Clause was intended to ensure that federal law took priority over conflicting state laws and to establish a strong central government.
The Supreme Court has interpreted the Supremacy Clause as a principle of federal preemption, meaning that federal law can expressly or impliedly preempt state law. The Court has also applied the Supremacy Clause to treaties, ruling that treaties supersede conflicting state laws and are legally binding on states and private citizens.
