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The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. [1]
Congress can override the veto by a two-thirds vote of both chambers. All state and territorial governors have a similar veto power, as do some mayors and county executives. In many states and territories the governor has additional veto powers, including line-item, amendatory and reduction vetoes.
Historically, most new states formed by Congress have been established from an organized incorporated U.S. territory, created and governed by Congress in accord with its plenary power under Article IV, Section 3, Clause 2 of the Constitution. [14] In some cases, an entire territory became a state; in others some part of a territory became a state.
However, the constitutional ability to declare war is vested only in Congress. [2] Article II of the U.S. Constitution expressly designates the president as: Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States [3]
As part of concerns about whether the NPVIC would shift power from the federal government to state governments, at least two legal commentators have suggested that the NPVIC would require explicit congressional approval because it would remove the possibility of contingent elections for President being conducted by the U.S. House of Representatives under the 12th and 20th Amendments.
President Joe Biden delivers the State of the Union address to a joint session of Congress at the U.S. Capitol, Tuesday, Feb. 7, 2023, in Washington. (AP Photo/Patrick Semansky) (AP)
Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate; or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. [1] To become part of the Constitution, an amendment must then be ratified by either—as determined by ...
The U.S. Constitution's 22nd Amendment was ratified in 1951 and does not allow a president to be elected more than twice Republican Congressman Moves to Amend Constitution So Donald Trump Can Run ...