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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