This is a question from my Business Law and Ethics course: Discuss why the legal

Question

This is a question from my Business Law and Ethics course: Discuss why the legal system in the United States ensures that federal law preempts state law. Some questions to keep in mind are: What are the advantages of having one set of laws, such as federal law, above all others? Does this infringe upon the states' rights to govern their citizens? Even if you believe the federal constitution should preempt all other laws, should federal statutes preempt state constitutions? Why/why not? Thank you in advance!!!

Explanation / Answer

The U.S. Constitution has shaped the federal government. the constitution provides has further set forth the organizational and procedural requirements, defined the boundaries of each branch’s jurisdiction, and continuously monitor these branches.

United States has the dual system of government which is often termed as federalism is called federalism. Under this system the federal government and the state governments coexist and share a power. U.S constitution has further delegated the authorities, power and boundaries of each of the system so that the state laws may not conflict with federal laws, and the U.S. Constitution.

The state and federal government’s shares power, therefore in order to decide which government will rule the matter; jurisdiction of a subject matter is determined

The rule of preemption provides an answer to these questions. “Under the Constitution’s Supremacy Clause (Article VI, Section 2), the Constitution and federal laws and treaties are the “supreme law of the land” and judges in every state “shall be bound” by those laws”.

In the absence of the rules of preemption, courts must look whether the Congress wants to exercise the preemption or not while passing the federal statute. In the absence of such statement, the state law will survive/

The advantage of holding one set of laws is to reduce the conflict and confusion so that a proper action could be taken to resolve a situation. The federal statutes should preempt state constitution in a matter that is subjected to national importance. Whereas, if the subject are directly related to a state importance, federal laws should vest powers to the state laws to make a decision.

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