10th Amendment and the Supremacy Clause Essay

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10th Amendment or the Supremacy Clause should be stricken down, it is important to define what each is. The 10th amendment is "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" (Mcpherson, 2009, p. 254). The Supremacy Clause is "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" (Dixon, Mccorquodale, Williams, & Mccorquodale, 2011, p. 127). In addition, the Judges within each State must be bound thus, any Thing in the Laws/Constitution of any State to the opposing all the same. When seeing how these two laws work not in conflict of each other, but together, it can be hard to choose which one to strike down. This is because through these laws, the Constitution lists powers the United States federal government has. With regards to the Tenth Amendment, anything not on the list would be considered a state power. In terms of federal laws, they represent the ultimate Law within the country but only when the laws are valid.

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A federal law is valid when it is within the power allotted by the Constitution to the federal government. Therefore, no conflict arises with states and state power over all else.



However, if a choice had to be made, the Tenth Amendment would be stricken simply to protect the Supreme Law of the land, being the federal government. The federal government is what holds all the states together. Going back to the American Civil War, the federal government was the force behind maintaining order among the feuding states. If states have no one above them to control their actions, they can leave the United States and become their own countries. The federal government exists as a centralizing entity that provides the order from which American society can flourish. Should the Supremacy Clause cease to exist, instead of fifty states, there would be fifty nations all with their own system of rule.



Although state power is important, I would have to choose to strike the 10th Amendment because while state power promotes order within each state, it is not as necessary as the power that….....

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References


Dixon, M., Mccorquodale, R., Williams, S., & Mccorquodale, R. (2011). Cases and materials on international law. Oxford: Oxford University Press.

McPherson, E. (2009). The Political History of the United States of America During the Period of Reconstruction (p. 254). Applewood Books.

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