It can be said that all legislation are arrived at having made a compromise. However, in some situations, compromise can act as a good recipe not only for ambiguity but also for inaccuracy. This would mean that in such situations, the courts may not be in a position to find out and enforce the compromise that is underlined with a reliable degree of precision. Likewise, in some situations, compromise can lead to relatively clear and accurate provisions which determine particular powers, processes or restrictions.
In such circumstances, the courts which seeking interpretive fidelity needs to struggle to uphold the particular compromise entrenched into enacted legislative texts particularly the Constitution. This paper therefore examines the concept of supremacy clause issues which according to the constitution is the supreme of the clauses in law. According to design, the processes which surround the adoption and changes to the Constitution empower the political minorities with extraordinary powers to inhibit constitutional amendments and put in place compromise as the price that has to be paid for assent.
What is meant here is that the Constitution, as well as the Laws of the United States that are to be made in pursuit thereof along with all the agreements made, or that will be made in line with the powers of the United States, shall act as the supreme legislations of the country . In other words, the supreme clause grants the federal constitution absolute authority over all laws. It means that once the laws have been drafted pursuant to the provision of the Constitution, all the other kinds of legislations will be subordinate to it.
In other words, it will act as the supreme legislation in the land and shall in the process, bind all the judges in all the States along with the laws in all those States . This would means that the above clause in effect makes the federal constitutional legislation the supreme authority of all the legislation thereby giving the Congress the authority to disregard state statutory as well as constitutional legislation to the extent that the state judges are bound by the paramount federal legislation .
THE THESIS STATEMENT In the discussion of the supremacy clause issues the researcher will make use of the following thesis statement. The supreme clause grants the federal constitution absolute authority over all laws. SUPREMACY CLAUSE ISSUES It has been 40 years after the European Court of Justice (ECJ) pronounced the law of the European Community otherwise known as the EU Law, as the supreme legalization in the, land of Europe .
In spite of this, a lot of controversies still surround the relationship between the national and EU legislations. All the same more than 15 supremacy clause issues have been dealt with. The national courts have recognized that the EU legislation is still the supreme of all the national statutes including those made in later years . This therefore supports our thesis that the supreme clause grants the federal constitution absolute authority of all laws.