A big constitutional law battle is about to reach its climax – a battle between the Supremacy Clause of the Constitution and the Tenth Amendment. The Supremacy Clause (Article VI, Clause 2) states, “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.” The Tenth 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.”
The Tenth Amendment was intended to assure ratifying States that the powers of the federal government were limited and would not displace powers and areas of law traditionally belonging to the States. However, with an ever-expanding federal government, there have been increasing clashes of federal and state law.
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