10th Amendment or Article 6?

22Mar10

While I’m a big believer in the 10th Amendment, there is also Article 6, which reads in part:

“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; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

That basically says that federal law trumps everything else.

The 10th Amendment reads:
“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.”

It would seem that Article 6 is in conflict with the 10th Amendment. The article came first, but the 10th is an “amendment” which means there was an attempt to change prior meaning.

So which one supersedes the other?

Advertisements


No Responses Yet to “10th Amendment or Article 6?”

  1. Leave a Comment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: