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   What is the Supremacy Clause?

   • Michael D. Ramsey, The Supremacy Clause, Original Meaning, and Modern Law, 74 Ohio St. L.J. 559 (2013). 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.

   Supremacy Clause | Georgetown Center for the Constitution | Georgeto…

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   Is the Supremacy Clause an independent source of federal authority?

   • 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).

   Modern Doctrine on Supremacy Clause - Library of Congress

   constitution.congress.gov/browse/essay/artVI-C2-3-4/ALDE_00013402/

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   What is federal supremacy?

   • Federal supremacy remains a foundational doctrine of constitutional law that undergirds much of the modern regulatory state. See Stephen A. Gardbaum, The Nature of Preemption, 49 Cornell L. Rev. 767, 789 n.65 (1994) (noting that the term preemption first appeared in the U.S. Reports in 1917, but was not generally used until the 1940s).

   Modern Doctrine on Supremacy Clause - Library of Congress

   constitution.congress.gov/browse/essay/artVI-C2-3-4/ALDE_00013402/

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   Did the Supremacy Clause include customary law?

   • Contending based on Framing-era evidence that the term “Laws” in the Supremacy Clause was not understood to incorporate the customary law of nations. Bradford R. Clark, Federal Lawmaking and the Role of Structure in Constitutional Interpretation, 96 Calif. L. Rev. 699 (2008).

   Supremacy Clause | Georgetown Center for the Constitution | Georgeto…

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2. www.law.georgetown.edu › supremacy-clauseSupremacy Clause | Georgetown Center for the Constitution ...

   www.law.georgetown.edu › supremacy-clause

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   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.

3. www.law.cornell.edu › constitution-conan › article-6Supremacy Clause: Current Doctrine | U.S. Constitution ...

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   ArtVI.C2.1.1.3 Supremacy Clause: Current Doctrine. Article VI, Clause 2: 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 ...

4. constitution.congress.gov › browse › essayModern Doctrine on Supremacy Clause | Constitution Annotated ...

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   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).

5. constitution.congress.gov › browse › essayOverview of Supremacy Clause | Constitution Annotated ...

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   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.

6. www.law.cornell.edu › constitution-conan › article-6Overview of the Supremacy Clause | U.S. Constitution ...

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   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.

7. www.law.cornell.edu › constitution-conan › article-6Supremacy Clause and the Constitutional Convention | U.S ...

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   The Committee of Detail’s final report contained a “supremacy clause” that read: The Acts of the Legislature of the United States made in pursuance of this Constitution, and all treaties made under the authority of the United States shall be the supreme law of the several States, and of their citizens and inhabitants; and the judges in ...

8. demo.law.cornell.edu › wex › supremacy_clauseSupremacy Clause | Wex | US Law | LII / Legal Information ...

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   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.