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For example, a prohibition of state taxes on carriage of air passengers “or on the gross receipts derived therefrom” was held to preempt a state tax on airlines, described by the state as a personal property tax, but based on a percentage of the airline's gross income.
- Supremacy of Federal Law
Supremacy Clause. Supremacy Clause: Early Doctrine; Dual...
- 312 U.S. 52
That the supremacy of the national power in the general...
- Contracting Authority
The Office may prescribe reasonable minimum standards for...
- Supreme Court
The Supremacy Clause provides a clear rule that federal law...
- 350k
The program established under paragraph (1)(A) shall provide...
- 78bb
No person permitted to maintain a suit for damages under the...
- Supremacy of Federal Law
The Supremacy Clause is among the Constitution’s most significant structural provisions. In the late eighteenth and early nineteenth centuries, the Supreme Court relied on the Clause to establish a robust role for the federal government in managing the nation’s affairs.
14 de jul. de 2023 · The supremacy clause : a reference guide to the United States Constitution. by. Drahozal, Christopher R. Publication date. 2004. Topics. Exclusive and concurrent legislative powers -- United States, Supremacy clause. Publisher. Westport, Conn. : Praeger.
Contending, based on text and structure as well as the Clause’s drafting history, that the Supremacy Clause was understood as a measure to reinforce both the separation of powers and federalism by limiting the types of “Law” which have the preemptive effect to the Constitution, federal laws passed by Congress, and treaties.
ArtVI.C2.3.3 New Deal and Presumption Against Preemption. ArtVI.C2.3.4 Modern Doctrine on Supremacy Clause. The Constitution Annotated provides a legal analysis and interpretation of the United States Constitution based on a comprehensive review of Supreme Court case law.
The Supremacy Clause is among the Constitution’s most significant structural provisions. In the late eighteenth and early nineteenth centuries, the Supreme Court relied on the Clause to establish a robust role for the federal government in managing the nation’s affairs.
Unlike the Commerce Clause, the Spending Clause, and the Fourteenth Amendment, the Supremacy Clause is not an independent source of federal authority. Instead, the Supreme Court has explained that the Supremacy Clause is a “rule of decision” for resolving conflicts between federal and state law.
