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The Supremacy Clause and the President's Enforcement Powers

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When a state law and a federal law directly conflict, application of the Supremacy clause will normally result in which law controlling?

Please describe how Article II of the U.S. Constitution empowers the President to â??enforce the laws,â? to include managing executive agencies like the DOT and the FAA?

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Solution Summary

A brief discussion of Articles II and VI of the Constitution of the United States of America delegating authority to enforce the law to the President of the United States and how the Supremacy Law controls any conflict between state and federal law.

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According to Article VI, par. 2 of the United States Constitution, the laws of the United States supersede any and all laws of any state that may be in contradiction with the Constitution.
"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding" (The United States Constitution).
In his "Memorandum" Bradbury states
A position to which is delegated by legal authority a portion of the sovereign powers of the federal Government and that is "continuing" is a federal office subject to the Constitution's Appointments Clause. A person who would hold such a position must be properly made an "Officer[] of the United States" by being appointed pursuant to the procedures ...

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