by: Brent Smith at the Common Constitutionalist
Scroll Down for Audio Version
As I’ve stated numerous times – I am not a judge, a lawyer or a Constitutional scholar, but I can read. I do know that the United States Constitution is the guide book or rule book for the national or federal government. The document defines the specific powers and duties of the federal government. It is therefore “…the supreme Law of the Land…” (Article VI, Clause 2, U.S. Constitution)
And as it states in the Tenth Amendment: “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 the people.”
Combining the Tenth Amendment with Article VI, Clause 2, gives us a very clear picture of the preeminence of the United States Constitution over State Constitutions.
In other words, if something is specified in the U.S. Constitution as a duty, power or responsibility of the federal government, it will overrule any article or amendment or law in any State Constitution. And if something is not, see the Tenth Amendment.
So when I read in the Daily Wire that, “after news broke that President Trump had pardoned Dinesh D’Souza for his campaign finance violations, the New York Attorney General’s office immediately tweeted out that they’d like to pass a state law to unjustifiably jail those who had been pardoned for federal crimes,” I was naturally confused.