South Jersey JBS Freedom Campaign Meetup Message Board › Supremacy Clause
"Despite what many in state legislatures claim, the Supremacy Clause does not declare that federal laws automatically trump state laws without qualification. What it says is that the Constitution "and laws of the United States made in pursuance thereof" are the supreme law of the land.
"The supremacy of federal law extends to only those acts made “in pursuance” of enumerated powers. There is no such deference afforded to those acts passed in violation of the federal government’s constitutional authority.
"If an act of Congress is not permissible under any enumerated power given to it in the Constitution, it was not made in pursuance of the Constitution and therefore not only is not the supreme law of the land, it is not the law at all.
"Constitutionally speaking, then, whenever the federal government passes any measure not provided for in the limited roster of its enumerated powers, those acts are not awarded any sort of supremacy. Instead, they are “merely acts of usurpation” and do not qualify as the supreme law of the land. In fact, acts of Congress are the supreme law of the land only if they are made in pursuance of its constitutional powers, not in defiance thereof."
Edited by Donna Ward on May 9, 2014 10:28 AM