Chapter 4 – Foundations of Ohio Government

4.3 Why the State Constitution Must Align with Federal Law

The Ohio Constitution must follow the rules set by the United States Constitution and federal laws because the U.S. Constitution is the supreme law of the land. This principle, known as the Supremacy Clause, is found in Article VI of the U.S. Constitution. It means that federal laws and the U.S. Constitution take precedence over any conflicting state laws or constitutions. If there is a conflict between a state law or constitution and federal law, the federal law will override the state law. This ensures a unified legal framework across all states, maintaining consistency and protecting citizens’ rights under federal law. Therefore, Ohio’s state government must ensure that its constitution and laws align with federal regulations and constitutional principles.

However, that doesn’t mean the federal government controls every aspect of the state.

The founding fathers believed in a balance of power between the federal government and the states. They wanted a system where both levels of government had their own responsibilities but could also work together to govern effectively. This idea is clearly explained in the Federalist Papers.

Foundational Facts

In Federalist No. 45, James Madison discusses how the federal and state governments would share power. He argues that the powers given to the federal government are “few and defined,” mostly related to national defense, foreign affairs, and regulating commerce between the states. On the other hand, the powers of the states are “numerous and indefinite,” covering issues that directly affect the daily lives of citizens, such as education, public safety, and their local economies.

Madison believed this balance would allow both levels of government to operate effectively within their own spheres, while also providing a system of checks and balances to prevent any one level from becoming too powerful. This relationship between federal and state governments is designed to protect individual freedoms and promote a stable, well-functioning democracy.

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An Ohioan’s Guide to State & Local Government by R. Clayton Wukich is licensed under a Creative Commons Attribution 4.0 International License, except where otherwise noted.

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