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The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. [1]
The Court cited the Supremacy Clause of Article VI, which declares the Constitution to be the supreme law of the land, and Marbury v. Madison in holding that the states must abide by the Court's decision in Brown. [35] Expectedly, many states' right advocates and state officials criticized the ruling as an attack on the Tenth Amendment. [36]
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law.
Here is what the Supremacy Clause says The United States Constitution is the supreme and highest law of the land. If any federal or state statute or regulation conflicts with the Constitution, the ...
Trump's lawyer, Stege Sadow, cited a provision in the Constitution called the supremacy clause that makes federal law superior to state law and argued the Georgia trial must be put on hold until ...
Note: Works that are considered "public records" but were not created by a state or municipal government agency may be copyrighted by their author; the Supremacy Clause of the United States Constitution prevents state law from overriding the author's right to copyright protection that is granted by federal law. For example, a state agency may ...
Article One, Section 9, Clause 1 prevents Congress from passing any law that would restrict the importation of slaves into the United States prior to 1808, plus the fourth clause from that same section, which reiterates the Constitutional rule that direct taxes must be apportioned according to state populations. These clauses were explicitly ...
The Court upheld the Judiciary Act, which permitted it to hear appeals from state courts, on the grounds that Congress had passed it under the supremacy clause. The Supreme Court has also struck down attempts by states to control or direct the affairs of federal institutions. McCulloch v. Maryland (1819) was a significant case in this regard.