The Supremacy Clause is defined in Article VI of the Constitution as giving the federal government priority in any case where state or local laws hinder legislation passed by Congress. According to HowStuffWorks, the federal government doesn't always flex its muscle over the doctrine of preemption, but when it does it can go all-out.Know More
One recent example of the federal government exercising the Supremacy Clause to overturn a state-level law occurred in relation to the highly restrictive immigration bill Arizona passed in response to what the state perceived to be federal inaction on illegal immigration. The state argued that the law was complementary; that is, it only reinforced the federal laws against illegal entry. However, the Obama administration sued the state of Arizona, claiming that Arizona's actions conflicted with federal law. The case was heard by the Supreme Court in 2012 and, according to HowStuffWorks, the controversial law was partially struck down on supremacy grounds.
Sometimes, the federal government declines to prosecute possible violations of supremacy. Nevada, for example, permits prostitution in rural counties. This, HowStuffWorks explains, is a violation of federal law, but corrective action has never been taken to resolve the conflict. California's experiment with marijuana dispensaries has been a middle ground, with some federal raids being carried out but without a determined effort to shut down the entire industry.Learn more about Law
The Necessary and Proper Clause refers to a section of the United States Constitution that grants Congress the authority to create and enforce laws that are deemed "necessary and proper" by the powers granted to the branches of the government by the Constitution's various provisions. The clause is found under Article 1, Section 8 of the Constitution.Full Answer >
The Annenberg Classroom states that the "elastic clause" of the U.S. Constitution gives Congress the power to create any laws required to carry out the responsibilities that are specifically assigned to Congress in Article I, Section 8 of that document. The clause, which comes at the end of that section, has been used several times since it was established, according to the University of Missouri-Kansas City School of Law.Full Answer >
Four examples of the Elastic Clause are Congress creating taxes, declaring war, issuing money and balancing states' rights with the power of the federal government. The Elastic Clause, also called the Necessary and Proper Clause, grants Congress the ability to perform several duties essential to the operation of the United States, including having oversight in issues of domestic and international affairs. The Elastic Clause gives Congress essential responsibilities, such as creating money, which impacts citizens and businesses on a daily basis.Full Answer >
Cornell University Law School's Legal Information Institute explains that the Supremacy Clause is a provision in the U.S. Constitution that makes federal law override state law when there is a conflict between the two. However, state law is only overridden when the federal law falls within the constitutionally authorized powers of Congress. Federal courts determine when there is a conflict between federal and state law, and they have the power to nullify conflicting state laws.Full Answer >