Federal Supremacy

Fundamental Cases on the Fourth Amendment by Adam J. McKee

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 not-withstanding.”  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.

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Last Modified: 07/30/2018


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