Post Summary: The Preemption Doctrine, stemming from the Supremacy Clause, defines the intricate division of power between federal and state governments in the United States. This post dissects the concepts of Express and Implied Preemption—including Field and Conflict Preemption—to clarify how federal law supersedes state law, emphasizing the courts’ ultimate focus on Congressional Intent. Introduction: […]
Article VI, Clause 2: The Cornerstone of U.S. Federalism The U.S. Constitution’s Supremacy Clause is the bedrock principle that defines the hierarchy of law in the American system of government. It establishes that the Constitution, federal laws made pursuant to it, and treaties constitute the “supreme Law of the Land.”. This means that when a
Discover how the U.S. Constitution’s Supremacy Clause dictates the hierarchy of federal law over state and local laws, and explore the modern doctrine of preemption that governs these conflicts. Understanding the Supremacy Clause: The Cornerstone of U.S. Federalism In the intricate tapestry of the U.S. legal system, a fundamental principle ensures order and consistency across
The Supremacy Clause of the U.S. Constitution is a fundamental principle that establishes a hierarchy of laws, ensuring federal law takes precedence over conflicting state laws. This post will delve into its meaning, its role in the legal system, and its practical implications, including the doctrine of preemption. The Supreme Law of the Land: What