U.S. Constitution vs. State Constitutions

SassyDevil
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U.S. Constitution vs. State Constitutions

I was just wondering, do you believe the US Constitution should override state constitutions, or vice-versa?  My boyfriend and I were discussing this yesterday.

I feel the US Constitution should rule all, because otherwise, what if all states banned atheists from public office, or other things?  It would be essentially the same thing as the US Constitution saying the same thing.  But if the US C overrides it, it means states cannot discriminate.  I'd just like other viewpoints.  Thanks.


aiia
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It does

It does

http://en.wikipedia.org/wiki/Supremacy_clause

Quote:
The Supremacy Clause is the common name given to Article VI, Clause 2 of the United States Constitution, which reads:

 

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.

The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land." The Constitution is the highest form of law in the American legal system. State judges are required to uphold it, even if state laws or constitutions conflict with it.

People who think there is something they refer to as god don't ask enough questions.


Nero
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The issue is a little more

The issue is a little more complex than that, AiiA.  I assume that Devil is referring to the issue of power sharing in a federal system.  The United States was the first government in the world to split power between local and national governments.  Previously, local authorities owed their position to the centralized, national government; thus, they were to be considered appendages of that national government.

In the US, the government's power is split.  Remember that previous to this constitution there was an Articles of Confederation, which allowed the states to act like miniature, independent states.  The EU is a perfect example of a confederation.  This swing from overly centralized to loosely joined caused its onw problems.

Thus, the framers of the constitution tried to accomodate both views.  While the Consitution overpowers the state constitutions, it does so only in areas that are particularly and clearly stated in the document itself.  After that, the States have the remainder of the power.  This is delineated in Amendment X, "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."

So, "chunks" of power are provided the Federal government and State governments fill in any gaps.  Until the Civil War, States had significant powers and were largely autonomous in terms of the framework that was set up for its citizens.  That is why slavery was allowed and was only abolished as a result of Amendment XIII.

In all reality, when Amendment XIII was ratified was the last time the spirit of the Federalist system was enforced.  Upon ratification of Amendement XIV, the Federal government was given broad powers to protect the "due process" due every citizen.  ("No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." )  So, merely by claiming protection of "due process," the National government can invade the areas previously reserved by the states.

This was initially done to protect ex-slaves.  It is now used for a multitude of purposes.  If you like I will continue later and explain various ex cathedra powers of the judicial branch and how it effects the States.

"Tis better to rule in Hell than to serve in Heaven." -Lucifer


Thandarr
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The United States

The United States Constitution is the supreme law of the land. Your hypothetical was interesting because it gives a great illustration of how that works. Suppose, for example, a state constitution required all office holders to acknowledge the existence of God. The United States Constitution grants freedom of religion. Which prevails.

Interestingly enough, the United States Supreme Court resolved this question in 1961. In the case of Torcaso v. Watkins, the Supreme Court ruled that a state could not violate the Federal guarantee of freedom of religion. In that case, a man who did not affirm the existence of God was appointed as a notary public. The state refused to recognize the appointment. He sued. The U.S. Supreme Court held the provision of the Maryland Constitution invalid. http://members.aol.com/TestOath/Torcaso.htm The U.S. Constitution controls.

Thandarr


SassyDevil
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Thanks for the

Thanks for the information.  I have to admit, I'm not clear on it myself.  But it seems to me, the US Constitution should override all others within.  Some state constitutions say atheists can't hold office.  I just don't see how states should have the right to shove people out and limit rights when the US Constitution grants them equally.  Like I said, if states can do as they please, what if they all essentially declared inequality, for women, atheists, blacks, the mentally ill, etc.?  Then, what would the US Constitution matter, if it affected nothing?