Essentially, it is a conflict-of-laws rule that states that certain federal laws take precedence over state laws that conflict with federal law, but when federal law conflicts with the Constitution, that law is null and void. In this regard, the primacy clause follows the example of Article XIII of the Articles of Confederation, which provided that “every state shall conform to the decision of the United States in Congress convened on all matters referred to it by this Confederacy.” [3] As a constitutional provision proclaiming the primacy of federal law, the primacy clause assumes the underlying primacy of federal power only if that power is expressed in the Constitution itself. [4] No matter what the federal or state governments want to do, they must respect the limits of the constitution. This makes the primacy clause the cornerstone of the entire United States. political structure. [5] [6] After the American War of Independence (1775-1783), states operated under the Articles of Confederation, but the articles provided little direction to the states. In September 1786, there was a meeting in Annapolis, MD, where representatives from New York, New Jersey, Delaware, Virginia, and Pennsylvania met to see what they could do about trade barriers between the states. The system of government created by the federal articles did not regulate interstate trade and had to be changed. The Constitution of the United States is the foundation of our federal government. It is often referred to as the highest or highest law in the land; No law can be passed that contradicts its principles. At the same time, it is flexible and allows for changes of government. The constitution is known as a “living” document because it can be changed, even though there have only been 27 amendments in more than 200 years.

James Madison, Alexander Hamilton and John Jay laid out an eloquent defense of the new Constitution in the so-called Federalist Papers. The 85 articles that make up the Federalist Papers were published anonymously in The Independent Journal and The New York Packet as Publius between October 1787 and August 1788, and are to this day an invaluable source for understanding some of the authors` intentions for the Constitution. The best-known articles are No. 10, which warns of the dangers of factions and advocates a great republic, and No. 51, which explains the structure of the constitution, its separation of powers and how it protects the rights of the people. James Madison introduced 12 amendments to the First Congress in 1789. Ten of them would become what we now consider to be the Bill of Rights. One never passed, while another, dealing with congressional salaries, was not ratified until 1992, when it became the 27th Amendment. Based on the Virginia Bill of Rights, the English Bill of Rights, the Enlightenment Scriptures, and the rights defined in the Magna Carta, the Bill of Rights contains rights that many now consider fundamental to America.

In Marbury v. Madison, 5 U.S. 137 (1803), the Supreme Court held that Congress cannot pass laws that violate the Constitution and that it is for the judicial system to interpret what the Constitution allows. Invoking the supremacy clause, the Court declared section 13 of the Judicial Act of 1789 unconstitutional insofar as it sought to extend the original jurisdiction of the Supreme Court beyond what is constitutionally permitted. In 1920, the Supreme Court applied the supremacy clause to international treaties and ruled in Missouri v. Holland, 252 USA 416 that the ability of the federal government to enter into treaties outweighed any governmental fear that such treaties might override the rights of states under the Tenth Amendment. The First Amendment provides that Congress may not pass any law that respects or prohibits the free exercise of religion. It protects freedom of expression, press and assembly, as well as the right to petition the government for redress of grievances. The constitution is divided into three parts. The first part, the preamble, describes the purpose of the document and the government. The second part, the seven articles, explains how government is structured and how the constitution can be amended. The third part, the amendments, lists the amendments to the Constitution; the first 10 are called the Bill of Rights.

The Second Amendment gives citizens the right to bear arms. In Federalist No. 33, Alexander Hamilton writes about the supremacy clause that federal laws must, by definition, be a top priority. If laws do not operate from this position, then they are worthless, declaring that “a law in the proper sense of the word includes supremacy. It is a rule to which those to whom it is prescribed are bound. This stems from all political associations. When individuals enter a state of society, the laws of that society must be the supreme regulator of their behavior. When a number of political societies become part of a larger political society, the laws which it may enact by virtue of the powers conferred on it by its constitution must necessarily prevail over those societies and the individuals who compose them.

The Constitution of the United States is the fundamental law of the nation. It codifies people`s core values. The courts are responsible for interpreting the meaning of the Constitution as well as the meaning of all laws passed by Congress. The Federalist #78 further states that when a law passed by Congress conflicts with the Constitution, “the Constitution is preferable to the Statute, the intention of the people for the purpose of their agents.” Prior to the American Civil War, African Americans were denied equal rights and freedoms under formal codes that dictated master-slave relations. While these codes are de jure adapted to legal practice, their application by the U.S. government de facto violates the fundamental human rights of a significant portion of the population. William H. Seward proclaimed that slavery is prohibited by “a law superior to the Constitution.” All debts incurred and incurred before the adoption of this Constitution shall be as valid under this Constitution to the United States as they are to the Confederacy. The power of public servants is limited.

Their public actions must be in conformity with the Constitution and the laws promulgated in accordance with the Constitution. Elected officials must periodically stand for re-election if their cases are subject to public scrutiny. Appointed employees serve at will the person or authority who appointed them and may be removed if their performance is not satisfactory. The exception to this practice is the lifetime appointment of Supreme Court justices and other federal judges by the president so that they can be free from political obligation or influence. More than 200 years ago, Alexander Hamilton, James Madison, and John Jay published a series of essays promoting ratification of the U.S. Constitution, now known as the Federalist Papers. In explaining the need for an independent judiciary, Alexander Hamilton noted in The Federalist #78 that the federal courts were “designed as an intermediary between the people and their legislature” to ensure that the people`s representatives acted only within the authority conferred on Congress by the Constitution.