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Topic: Supremacy clause


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In the News (Fri 28 Nov 14)

  
  Supremacy Clause - Wikipedia, the free encyclopedia
The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land." The Constitution is the highest form of law in the American legal system.
Since the constitution states that a treaty has supremacy over "any thing in the Constitution or Laws of any state to the contrary notwithstanding," it has been argued that the potential for abuse is present.
In the 1950's a constitutional amendment known as the Bricker Amendment was proposed in response to such fears, it would have mandated that all US treaties not conflict with the existing powers granted to the US government.
en.wikipedia.org /wiki/Supremacy_clause   (275 words)

  
 Article Six of the United States Constitution - Wikipedia, the free encyclopedia
The first clause of the Article provides that debts contracted prior to the adoption of the Constitution remain valid, as they were under the Articles of Confederation.
Clause two provides that the Constitution, and laws and treaties made pursuant to it, constitute the supreme law of the land.
The Supreme Court under John Marshall was influential in construing the supremacy clause.
en.wikipedia.org /wiki/Article_Six_of_the_United_States_Constitution   (656 words)

  
 WTO "Supremacy Clause" in the POPs Convention Working Paper
Supremacy clause language states that the environmental agreement will not alter rights and obligations under existing international agreements.
Simply by calling this presumption into question, supremacy clauses, and the countries that promote them, do great harm to the growing, yet fragile, consensus at the WTO to ensure that trade rules are interpreted in a manner that accommodates environmental mandates developed through an open, multilateral process.
A supremacy clause could reverse the recognition of most WTO Member States that multilateral environmental agreements should never be challenged by the WTO.
www.ciel.org /Publications/pops2.html   (1732 words)

  
 Preemption
The Supremacy Clause, I argue, was drafted and understood against the backdrop of an established framework for determining when one statute repealed or displaced another.
It follows that the Supremacy Clause does not itself support expansive formulations of "obstacle preemption," under which state law is preempted whenever its practical effects will hinder accomplishment of the full purposes and objectives behind a federal statute.
The presence of a non obstante provision in the Supremacy Clause confirms the connection between preemption and repeals.
www.aals.org /profdev/torts/nelsonabstract.html   (479 words)

  
 Article 6, Clause 2: Joseph Story, Commentaries on the Constitution 3:§§ 1831--33, 1835--36
It will be observed, that the supremacy of the laws is attached to those only, which are made in pursuance of the constitution; a caution very proper in itself, but in fact the limitation would have arisen by irresistible implication, if it had not been expressed.
It was probably to obviate this very difficulty, that this clause was inserted in the constitution; and it would redound to the immortal honour of its authors, if it had done no more, than thus to bring treaties within the sanctuary of justice, as laws of supreme obligation.
From this supremacy of the constitution and laws and treaties of the United States, within their constitutional scope, arises the duty of courts of justice to declare any unconstitutional law passed by congress or by a state legislature void.
press-pubs.uchicago.edu /founders/documents/a6_2s42.html   (1164 words)

  
 The Supremacy Clause — www.greenwood.com
The Supremacy Clause: A Reference Guide to the United States Constitution is a must-have for law library collections whether they contain a few constitutional law titles or are in libraries that are obligated to develop top-notch collections on the subject.
It gives particular attention to the evolution of the Supremacy Clause in the Constitutional Convention and discussions of the Clause during the ratification debates.
Foundational decisions of the Supreme Court interpreting the Clause are discussed as well as the role of the Clause during critical confrontations between states and federal government.
www.greenwood.com /catalog/GR1447.aspx   (309 words)

  
 No. 98-436: Alden v. Maine - Reply (Merits)
As this Court has explained, the Supremacy Clause makes federal laws "as much laws in the States as laws passed by the state legislature" and "charges state courts with a coordinate responsibility to enforce that law according to their regular modes of procedure." Howlett v.
The Supremacy Clause directive that a state court is "bound" to enforce federal law "any Thing in the Constitution or Laws of any State to the Contrary notwithstanding" applies as much to a State's sovereign immunity law as to any other state law that frustrates the vindication of a federal right.
Moreover, the Supremacy Clause principle that state courts may not frustrate or discriminate against federal law is fully applicable when a State is the defendant.
www.usdoj.gov /osg/briefs/1998/3mer/2mer/98-0436.mer.rep.html   (4888 words)

  
 The Constitution of the United States of America
And the operation of the supremacy clause may be seen as well when the authority of Congress is not express but implied, not plenary but dependent upon state acceptance.
City of Milwaukee, 406 U.S. Supremacy Clause Versus the Tenth Amendment The logic of the supremacy clause would seem to require that the powers of Congress be determined by the fair reading of the express and implied grants contained in the Constitution itself, without reference to the powers of the States.
Today, the application of the supremacy clause is becoming, to an ever increasing degree, a matter of statutory interpretation; a determination whether state regulations can be reconciled with the language and policy of federal enactments.
www.gpoaccess.gov /constitution/html/art6.html   (7713 words)

  
 No. 98-436: Alden v. Maine - Merits
The Supremacy Clause requires a state court to entertain a federal cause of action if its ordinary jurisdiction is appropriate to the task; state-law defenses to liability and to suit do not furnish a valid excuse for refusing to do so.
A state court may not evade its duty under the Supremacy Clause by recognizing a state-law defense of sovereign immunity where that defense would be inconsistent with a federal statute that subjects the State to liability and suit.
The Court reasoned that the Supremacy Clause required the Ohio courts to permit juries to decide the issue of fraud in FELA cases because the right to a jury trial is "part and parcel of the remedy afforded railroad workers under the Employers Liability Act." Id. at 363.
www.usdoj.gov /osg/briefs/1998/3mer/2mer/98-0436.mer.html   (10063 words)

  
 [No title]
The next clause is, "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 yet this very clause was but an expression of the necessary meaning of the former clause, introduced from abundant caution, to make its obligation more strongly felt by the state judges.
To be fully sensible of the value of the whole clause, we need only suppose for a moment, that the supremacy of the state constitutions had been left complete by a saving clause in their favour.
www.utulsa.edu /law/classes/rice/constitutional/Storey/story_hist_const_public.html   (2418 words)

  
 Supreme Law Library : Authors : McDonald : vol1-9
The Supremacy Clause by Richard McDonald There are many people who have misconstrued the intent of the Supremacy Clause of the Federal Constitution.
Second: The Supremacy Clause (Article VI, Clause 2) only applies to certain sections; it does not apply to Article I, Section 8, Clause 17 and several other sections which are the municipal power of Congress.
The Supremacy Clause only pertains to those sections that have applicability to all the government of the several states of the union.
www.supremelaw.org /authors/mcdonald/vol1-9.htm   (654 words)

  
 CRS/LII Annotated Constitution Article VI
This is, we think, the unavoidable consequence of that supremacy which the Constitution has declared.”4 From this he concluded that a state tax upon notes issued by a branch of the Bank of the United States was void.
In applying the supremacy clause to subjects which have been regulated by Congress, the primary task of the Court is to ascertain whether a challenged state law is compatible with the policy expressed in the federal statute.
The logic of the supremacy clause would seem to require that the powers of Congress be determined by the fair reading of the express and implied grants contained in the Constitution itself, without reference to the powers of the States.
www.law.cornell.edu /anncon/html/art6_user.html   (8266 words)

  
 THE STATUS OF TREATIES AS DOMESTIC LAW
The words “shall be” in the Supremacy Clause apply equally to the Constitution and federal statutes, yet the clause has always been read to make the Constitution and federal statues the supreme law of the land immediately upon their coming into force.
Interpreting the Supremacy Clause to give treaties the force of domestic law only to the extent they are implemented by statute would also have the unfortunate effect of reading the reference to treaties entirely out of the Supremacy Clause.
Nevertheless it is in conflict with the clause’s text, as the provision is not written as a power-conferring provision.
www.law.berkeley.edu /faculty/yooj/courses/forrel/reserve/vazquez.htm   (9671 words)

  
 Modrall Sperling :: PCA and Supremacy Clause Immunity
Modrall Sperling :: PCA and Supremacy Clause Immunity
The Hearing Officer held that the Supremacy Clause did not shield the taxpayer from New Mexico's income tax even though Congress had not expressly waived its constitutional immunity from state taxation.
Maryland, 17 U.S. (4 Wheat.) 316 (1819), state and federal courts have held that federal instrumentalities are immune from state taxation under the Supremacy Clause of the United States Constitution, unless Congress expressly and unequivocally waives that immunity.
www.modrall.com /articles/article_41.html   (778 words)

  
 SSRN-The Supremacy Clause as a Constraint on Federal Power by Bradford Clark
The Supremacy Clause establishes a rule of decision for courts adjudicating the rights and duties of parties under both state and federal law.
The text, history, and structure of the Constitution confirm that the Supremacy Clause authorizes judicial review of federal statutes alleged to exceed the scope of federal power.
In addition, by expressly conditioning the supremacy of federal statutes on their constitutionality, the Supremacy Clause reassured the states that courts (both federal and state) would keep the federal government within the bounds of its assigned powers.
papers.ssrn.com /sol3/papers.cfm?abstract_id=449420   (539 words)

  
 [No title]
The result, said the Chief Justice, was required by the supremacy clause, which proclaimed not only that the Constitution itself but statutes enacted pursuant to it and treaties superseded state laws that ``interfere with, or are contrary to the laws of Congress.
Although preemption is basically constitutional in nature, deriving its forcefulness from the supremacy clause, it is much more like statutory decisionmaking, inasmuch as it depends upon an interpretation of an act of Congress in determining whether a state law is ousted.
Adverting to the supremacy of national power in foreign relations and the sensitivity of the relationship between the regulation of aliens and the conduct of foreign affairs, the Court had little difficulty declaring the entire field to have been occupied by federal law.\1038\ Similarly, in Pennsylvania[[Page 250]]v.
www.geocities.com /CapitolHill/Senate/3616/police_power.html   (2014 words)

  
 Preemption/Supremacy Clause Developments   (Site not responding. Last check: 2007-10-21)
A preemption cause of action under the Supremacy Clause is becoming an important potential alternative to section 1983 when states violate federal law.
The author concludes that in all nine of the cases involving a state law or regulation, as well as one case that involved an administrative order, the Court went to the merits without considering whether the allegedly preemptive federal statute provided a cause of action.
Sloss argues that the Supreme Court has implicitly recognized an implied cause of action under the Supremacy Clause, and that the cause of action should extend to the "executive" action cases as well.
www.nsclc.org /news/04/june/FR_supclausedevelop.htm   (171 words)

  
 Student Answers from Exam #1
The Supremacy Clause in Article VI states that the "law of the United States....shall be the supreme law of the land." It greatly favored the national government over the states.
One court case that used the supremacy clause in a ruling was McCulloch v.
This clause also relates to pre-emption in that state law could be invalidated by national law.
www.uiowa.edu /~c030001a/Exam1AnswersF05.htm   (3862 words)

  
 Lecture Notes — Ch. 03
The Supremacy Clause establishes that the federal Constitution, treaties, federal laws, and federal regulations are the supreme law of the land.
The Equal Protection Clause of the Fourteenth Amendment provides that a state cannot "deny to any person within its jurisdiction the equal protection of the laws." Under this clause, governments may not enact laws that classify and treat "similarly situated" persons differently.
Supremacy Clause—A clause of the U.S. Constitution that establishes that the federal Constitution, treaties, federal laws, and federal regulations are the supreme law of the land.
myphliputil.pearsoncmg.com /student/bp_cheeseman_blaw_5/lec_03.html   (1186 words)

  
 LawKT.com: Law Firm Publications on Supremacy Clause
Relying on the Supremacy Clause of the United States Constitution,which provides that federal law is the "supreme law of the land," the court held that a state litigation privilege purporting to confer immunity from suit cannot defeat a federal cause of action.
This may be appropriate in dealing with ethical rules in the United States due to the supremacy clause of the United States constitution, which would have the effect of overriding conflicting state laws in favor of the federal rule.
Further, the BAP stated that the Supremacy Clause dictates that the bankruptcy provisions trump state law when state law is contrary to federal bankruptcy law.
www.lawkt.com /pubs/Supremacy_Clause.html   (4379 words)

  
 According to the Supremacy Clause of the U
According to the Supremacy Clause of the U.S. Constitution, when a state law conflicts with a federal law, the federal law is supreme.
Amendment Privilege and Immunities Clause, was that it required the states to recognize the privileges and immunities of federal citizenship.
And regarding the due process clause, the court held that it was “sufficient to say that under no construction of that provision that we have ever seen, or any that we deem admissible, can the restraint imposed.
people.biola.edu /faculty/kevinl/thcssi.htm   (4173 words)

  
 [No title]
This examination of the original understanding indicates that internationalist scholars are mistaken when they maintain that non-self-execution is unconstitutional, and that they fail to appreciate the doctrine’s functions in respecting the division of powers established by Articles I and II and in protecting Congress’s constitutional powers over domestic legislation.
The Constitution’s provisions for handling international matters B the treaty power and Supremacy Clause, Congress’s foreign commerce and spending powers, federal court jurisdiction B arose in the very different world of the late eighteenth century.
Nothing in the clause, however, indicates that supremacy was to be achieved automatically through the direct enforceability of treaties in federal and state court.
www.law.berkeley.edu /faculty/yooj/manuscripts/globalism.html   (6776 words)

  
 Supremacy Clause: Which rules, State or Federal Statutes?
The Supremacy Clause in the Constitution explains that federal law always trumps state law which means federal always wins if there is a conflict between the two.
it violates the supremacy clause for a state court to refuse to hear a category of federal claims
According to LectLaw, Under the Supremacy Clause, everyone must follow federal law in the face of conflicting state law.
www.carreonandassociates.com /articles/supremacy-law.htm   (313 words)

  
 Concannon   (Site not responding. Last check: 2007-10-21)
Article I, section 8, clause 1 says that Congress shall have the power: to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States.
The purpose of the Supremacy Clause is to provide federal laws with supremacy concerning conflicts with state laws.
Neither the Supremacy Clause, nor the Medicaid statute itself provide the necessary grounds needed for the petitioner to pass the zone of interest test required for prudential standing.
plsc.uark.edu /plsc4253/new_page_11.htm   (3884 words)

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