CLEP US Government

Category - Federalism

Which clause of the Constitution is most important in understanding federalism in the United States?
  1. The Free Exercise Clause
  2. The Three-Fifths Clause
  3. The Santa Clause
  4. The Equal Protection Clause
  5. The Supremacy Clause
Explanation
Answer: E- The Supremacy Clause is the most important clause in understanding federalism in the United States, indicating that the Constitution, federal laws, and federal treaties are the “supreme law of the land.” This means that if there is a conflict between the federal government and the state governments, the federal government should generally win. Many constitutional law experts object that this interpretation doesn’t make much sense in light of the Ninth Amendment, which leaves all powers not expressly granted to the federal government by the Constitution in the hands of the states and the people.
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