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In Federalist No. 33, Alexander Hamilton writes about the Supremacy Clause that federal laws by definition must be supreme. If the laws do not function from that position, then they amount to nothing, noting that "A law, by the very meaning of the term, includes supremacy. It is a rule which those to whom it is prescribed are bound to observe.
When a law is construed to preempt, the result is a broad and indiscriminate extinguishment of substantive and remedial state law, and sensitive to this problem, the Court has occasionally said, in cases like Wyeth v. Levine (2009), that it will find preemption only if Congress has clearly expressed preemptive intent. [13]
The adequate and independent state ground doctrine states that when a litigant petitions the U.S. Supreme Court to review the judgment of a state court which rests upon both federal and non-federal (state) law, the U.S. Supreme Court does not have jurisdiction over the case if the state ground is (1) “adequate” to support the judgment, and ...
The debate over the Supreme Court's recent ethics code centers on what it includes, excludes, and the motivations behind these decisions.
Until Monday, every judge in the country — state and federal — was bound by an ethics code, except for the most important jurists: United States Supreme Court justices.
According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, . 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 thereby, any Thing in the ...
The Justices rely on self-policing to uphold ethical standards, but some are pushing for more enforceable policies.
The state supreme court affirmed [9] on August 30, 1962, saying "The First Amendment of the U.S. Constitution does not protect libelous publications". The Times appealed to the United States Supreme Court. [10] [11] Constitutional law scholar Herbert Wechsler successfully argued the case before the United States Supreme Court.