Fundamental Cases on the Fourth Amendment
Adam J. McKee
Remember that where a conflict occurs between state and federal law, federal law prevails. This is because of the Supremacy Clause of the United States Constitution. Article VI of the federal Constitution states that: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof…shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary not-withstanding.” When a state legislature passes a law that clashes with the Constitution, the U. S. Supreme Court has the power to declare that state law unconstitutional; this power is often referred to as the power of judicial review.
[Back | Contents | Next]
Last Modified: 07/30/2018