Clause 2 Of the United Term Paper

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It is difficult to say whom the Supremacy Clause affects in particular, and why, because it has the potential to impact all Americans. For example, many of the ground-breaking Supreme Court decisions in recent time are based in some way on the Supremacy Clause. For example, the famous Civil Rights Supreme Court decisions such as Loving v. Virginia, 388 U.S. 1 (1967) and Brown v. Board of Education, 347 U.S. 483 (1954) base their decisions on the Fourteenth Amendment's Equal Protection Clause. However, it is important to realize that they can only do so based on the fact that the states do not have the power to deprive citizens of their constitutionally protected rights. Those decisions have had a significant wide-ranging impact on all Americans; while the U.S. has yet to achieve full equality; it is fair to suggest that, without them, much of America would still be in Jim Crow-like conditions.

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The Supremacy Clause has also played an important role in right-to-privacy cases like Roe v. Wade, 410 U.S. 113 (1973). When one looks at just these three cases, it becomes clear that the Supremacy Clause has the easy potential to impact literally every American.

The primary consequences of the Supremacy Clause are very dependent upon the composition of the Supreme Court and how it chooses to interpret the Constitution. However, historically the Supremacy Clause has been used, not only in debates between state and federal governments, but also to protect the rights of those who are the most vulnerable in American society. By ensuring that states must recognize at least the basic rights guaranteed by the Constitution, the Supremacy Clause is a way of extending American liberty to all Americans......

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