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What is the Supremacy Clause?
Is the Supremacy Clause an independent source of federal authority?
What is federal supremacy?
Why is the Supremacy Clause not the locus for federalism disputes?
The Supremacy Clause is among the Constitution’s most significant structural provisions. In the late eighteenth and early nineteenth centuries, the Supreme Court relied on the Clause to establish a robust role for the federal government in managing the nation’s affairs.
Arguing that the “Laws” to which the Supremacy Clause refers are those passed pursuant to Congress’s lawmaking power under Article I, Section 7, i.e. federal statutes; treaties; and the Constitution.
Unlike the Commerce Clause, the Spending Clause, and the Fourteenth Amendment, the Supremacy Clause is not an independent source of federal authority. Instead, the Supreme Court has explained that the Supremacy Clause is a rule of decision for resolving conflicts between federal and state law. Murphy v. NCAA, 138 S. Ct. 1461, 1479 (2018).
The Supremacy Clause is among the Constitution’s most significant structural provisions. In the late eighteenth and early nineteenth centuries, the Supreme Court relied on the Clause to establish a robust role for the federal government in managing the nation’s affairs.
Unlike the Commerce Clause, the Spending Clause, and the Fourteenth Amendment, the Supremacy Clause is not an independent source of federal authority. Instead, the Supreme Court has explained that the Supremacy Clause is a “rule of decision” for resolving conflicts between federal and state law. Murphy v. NCAA, 138 S. Ct. 1461, 1479 (2018 ...
Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.
Article VI. Prior Debts, National Supremacy, and Oaths of Office. Clause II. Supremacy of Federal Law. Supremacy Clause. U.S. Constitution Annotated. prev next. Supremacy Clause: Early Doctrine. Dual Federalism in the 19th and Early 20th Centuries. Supremacy Clause: Current Doctrine.
