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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.
The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.
Generally, “the supreme law of the land” refers to the highest power in any nation’s law. What is the supreme law of the land? In the United States, the supreme law of the land is the Constitution and any constitutional amendments. This article will cover everything you need to know about the Supreme Law of the Land. What is the Supreme ...
Jump to essay-27 See Marbury, 5 U.S. (1 Cranch) at 180 ([I]n declaring what shall be the supreme law of the land, the constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the constitution, have that rank.
The Tenth Amendment assigns all powers not delegated to the United States, or prohibited to the states, to either the states or to the people. The Constitution is the supreme law of the land in the United States. Learn more about our founding document.
Regulations as well as statutes can preempt. Agency regulations, when Congress has expressly or implied empowered these bodies to preempt, are “the supreme law of the land” and can displace state law. E.g., Smiley v. Citibank, 517 U.S. 735 (1996); City of New York v. FCC, 486 U.S. 57, 63–64 (1988); Louisiana Public Service Comm'n v.
Under the Supremacy Clause, the “supreme Law of the Land” also includes federal statutes enacted by Congress. Within the limits of the powers that Congress gets from other parts of the Constitution, Congress can establish rules of decision that American courts are bound to apply, even if state law purports to supply contrary rules.
