Procedural Law | Federal Supremacy

Fundamentals of Procedural Law

Adam J. McKee, Ph.D.


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Federal Supremacy

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 notwithstanding.”  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.

Modification History

File Created:  08/04/2018

Last Modified:  08/10/2018

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This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.

Open Education Resource--Quality Master Source License


 

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