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The core message of the Supremacy Clause is simple: the Constitution and federal laws (of the types listed in the first part of the Clause) take priority over any conflicting rules of state law. This principle is so familiar that we often take it for granted.
ArtVI.C2.3.3 New Deal and Presumption Against Preemption. ArtVI.C2.3.4 Modern Doctrine on Supremacy Clause. The Constitution Annotated provides a legal analysis and interpretation of the United States Constitution based on a comprehensive review of Supreme Court case law.
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. It prohibits states from interfering with the federal government's exercise of its constitutional powers, and ...
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.
Mar 13, 2016 · The Supremacy Clause is an article in the United States Constitution that specifies that federal laws and treaties made under the authority of the Constitution are the supreme law of the land. Found in Article VI, Clause 2, the clause provides that states cannot interfere with federal law, and that federal law supersedes conflicting state laws.
Jul 15, 2022 · In McCulloch v. Maryland, Chief Justice John Marshall solidified the Supremacy Clause as the ultimate authority in United States constitutional law. That decision set out a standard for the entire judiciary; when state laws and the Constitution are in conflict, the Constitution wins. What Is the Supremacy Clause?
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.
