We hear talk all the time about how Federal law is supreme, or that when Federal and State laws conflict that Federal law prevails. The Supremacy Clause, like the Elastic Clause, the General Welfare Clause, and the Commerce Clause has come to mean something entirely incoherent with what it really means. As with all of the abbreviated descriptions of other clauses of the Constitution, there are other words in the Supremacy Clause that have significant meaning, and in fact restrict the power of the Federal Government…let’s study it.
The Supremacy Clause 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.” What exactly are the words, indeed the most important words in the Supremacy Clause that are completely ignored, and that restrict the power of the Federal government? Those words are “In Pursuance Thereof.” This means that in order for any action by any branch of the Federal government to be the supreme law of the land, it must be constitutional. There are no exceptions. The belief that the tyrants who populate the Federal government can make any law they please, or that Judges can puke up any edict they desire and that such law or edict is to be followed without question is one based on historical ignorance at best, or tyrannical motives at worst.
We have come to a point in this great Republic that federal politicians and judges believe they can do anything they want. Why shouldn’t they? The American people are largely ignorant of how our federated representative republic is supposed to work, and all of those who are tasked with running the various levels of government come from that pool. Federal politicians with no authority have determined they can force citizens to purchase a product or face a fine, and federal judges have taken on the role of legislators. Now we have a federal judge who has declared that President Trump can’t block people on twitter…….HA! I would tell that judge what she can do with that ruling.
But what is to be done when any branch of the Federal government tries to impose an unconstitutional action on another branch of the Federal government or on the States or the People? The aggrieved party should ignore it. As Thomas Jefferson once stated: “Whenever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force.” Furthermore, credibility should not be lent to these unconstitutional actions by appealing them to a higher court…simply ignore them. There is no need to panic, for this has occurred since the beginning of this republic, and this federated republic has endured just fine. A noisy free society at times is much preferable to a peaceful tyranny.
The entire purpose of the Constitution was to replace the very weak Articles of Confederation that did not provide the authorities needed to operate a fully functioning General government, because the States obeyed or ignored the Articles at their pleasure. The Supremacy Clause was added to make it clear to the States that they had a duty to obey the legitimate, legitimate that is, laws of the Federal government, but the addition of “in pursuance thereof,” also made it clear that the new Federal government did not have the authority to make any law desired. The United States Constitution was constructed and worded so that all those who populate the Federal government could not vote themselves a raise in power, and “in pursuance thereof” was another roadblock to that tyranny.