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Often modeled after the federal Constitution, they outline the structure of the state government and typically establish a bill of rights, an executive branch headed by a governor (and often one or more other officials, such as a lieutenant governor and state attorney general), a state legislature, and state courts, including a state supreme ...
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, anything in the constitution or laws of any state to the contrary ...
National Foreign Trade Council, 530 U.S. 363 (2000), that even when a state law is not in direct conflict with a federal law, the state law could still be found unconstitutional under the Supremacy Clause if the "state law is an obstacle to the accomplishment and execution of Congress's full purposes and objectives". [30]
Whether federal or state judges, the Supremacy Clause provides that the Constitution and federal law, applicable for all Americans, are supreme. Legislative and executive officials are political.
The United States Supreme Court under Chief Justice John Marshall played an important role in defining the power of the federal and state governments during the early 19th century. As the U.S. Constitution does not specifically define many dividing lines between the layers of government, the Supreme Court settled the issue in New York.
The federal Constitution created a "plurilegal federal union" in which there are four types of conflicts between different legal systems: federal vs. state, federal vs. foreign, state vs. state, and state vs. foreign. [1]
Courts established by the Constitution can regulate government under the Constitution, the supreme law of the land. [j] First, they have jurisdiction over actions by an officer of government and state law. Second, federal courts may rule on whether coordinate branches of national government conform to the Constitution.
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation , delegating their individual sovereignty and many powers to the central government while retaining or reserving other limited powers.