Public Utilities Commission

What needs to be understood is that in as much as the supremacy clause gives the federal government the powers of preempting state legislations; it is not in position of obligating a commission, to enforce federal legislation  since the supreme clause grants the federal constitution absolute authority of all laws. This was according to the case of the Commission of Staff of the Idaho Public Utilities Commission. What emerged in this case was the fact that it was only through the state legislature expressly delegating authority that authority could be delegated or a duty could be imposed on the Commission .


What this means is that the particular commission in this case had been created by the state statute and the authorities delegated to it were controlled by the authority that had been delegated to it by the state law in statute . Therefore, the commission could not have any other authority apart from the ones that had been accorded expressly by the legislature . This means that such authority had to be particularly identified in the statutes and could not be conferred through by the federal legislation because it was the supreme clause that granted the federal constitution absolute authority of all laws.

As has been discussed in this paper, there are several supremacy clause issues. This study has realized that all legislations are a product of some form of compromise .

The constitution and the legislations of the United States that will be made in pursuit thereof, and all treaties which will be made, or which will be made according to the United States authorization, will be the supreme legislation of the land . According to this supremacy clause to the constitution of the United States, Article 6, cl. 2, the federal constitutional legislation is the highest authority of law in the land. Therefore it binds all the judges in all the states as well as all that is in the constitution or legislations of any state even if such things that are in the constitution of the states are in the contrary . This in short means that the supreme clause grants the federal constitution absolute authority of all laws.


Alpert v. Boise Water Corporation, 118 Idaho 136, 140, 795 P. 2d 298, 302 (1990). Article VI: Clause 2. The Supreme Clause and Preemption, 2000. Available