The authority of making legislation is diffused even more and the need to find a balance or other compromise is even more enhanced by disintegrating the legislature into two separate bodies. For a decision to be made, members of both houses have to compromise not only amongst themselves, but also with members of a separate chamber . Furthermore, by empowering the president with veto powers, the need for additional compromise is made.
In a situation where legislative compromise leads to the embrace of a precise legislative text, courts need to comply with the provisions it has established for the reason or respecting the process of making the law . Should the courts have been free to dismiss clear statutes developed by way of compromise; they would defeat not only the intentions but also the benefits of a many-member, many-house law which the executive controls .
The same equally holds for constitutional legislation making and interpretation, more so in a federation because the supreme clause grants the federal constitution absolute authority of all laws. As observed by Vicki Jackson, constitutional arrangement of the federation are basically upheld by a particular compromise among the power holders involved and that those arrangements are basically integral components of arrangements that are related . Nothing best describes the constitution of the United States as the observations made above.
As explained by John Manning, the constitutional legislative process stipulated under Articles V and VII are a reflection of a deliberated design to empower political or to a limited extent geographical minorities the powers that are extraordinary in blocking constitutional amendments . What this implies is that such political minorities as catered for in the constitution have the unique powers of insisting on compromise as the price to pay in gaining their assent during legislative processes because the supreme clause grants the federal constitution absolute authority of all laws.
Granted, a lot of compromise occasionally leads to adopting phrases that are open-ended like ‘unreasonable searches’. However, sometimes, it leads to texts that are both clear and accurate structured to work harmoniously in implementing compromise among stakeholders in the constitution making process . These clauses empower the States with the same suffrage in the Senate. In other words, they outline accurate procedures for which the senate is involved in governing the way the constitution, laws or treaties are adopted , in the process conferring supremacy only to the three sources of legislation.
It further provides that the courts that are aiming at faithfully interpreting the Constitution have to strictly comply with clear and regulation-like constitutional prescriptions . Failure to comply would let go of important compromises entrenched in the constitution and important in securing its adoption. Furthermore, not taking into account these compromises, would be tantamount to undermining the constitutional legitimacy of making decision that the judiciary has . This further illustrates the fact that the supreme clause grants the federal constitution absolute authority of all laws.
The second supremacy clause issue we will mention is preemption where we examine some cases. In this case for instance, Congress passed occupational health and safety (OSHA) with the intention of securing the safety and health of not only the employees but also the general public . The state of Illinois also passed licensing provisions relating to employees involved in handling toxic wastes as a way of promoting job safety and in promoting the safety of the general public . According to both schemes, workers needed to be trained on hazardous waste management.
What needs to be noted here is that the Statues, in as much as being completely consisted with the federal legislation, made it mandatory for additional training . In other words, the federal legislation gave permission to the state to assume the entire regulatory powers over the safety at the workplaces upon receiving the federal permission to do the same, something that Illinois did not and had not wished to do . This demonstrated that the supreme clause grants the federal constitution absolute authority of all laws.