Supremacy Clause

Absolute Federal Supremacy: The Myth That Just Won’t Go Away

by Mike Maharrey | Apr 25, 2019 | Constitution, Supremacy Clause

It never goes away – the myth of absolute federal supremacy. I got an email from a Tenth Amendment Center volunteer in Illinois last week. He has been working to get the Fourth Amendment Protection Act introduced there. Passage of the bill would end state cooperation...

The Supremacy Clause as a Constraint on Federal Power

by Tenth Amendment | May 5, 2018 | Supremacy Clause

by Bradford R. Clark Excerpted from the paper, “The Supremacy Clause as a Constraint on Federal Power” Today, it is widely accepted that the Constitution authorizes courts to review and invalidate state laws that conflict with federal statutes. At the same...

An Open Letter to a State Legislator on Marijuana and Federal Supremacy

by Mike Maharrey | Mar 19, 2018 | Anti-Commandeering Doctrine, Drug War, Supremacy Clause

Kentucky state Sen. Albert Robinson (R-London) has been a vocal opponent of legalizing medical marijuana in the commonwealth (HB166). He has based his opposition on the Constitution’s “supremacy clause” arguing that Kentucky cannot pass a law that contradicts federal...

The Supremacy Clause: The Constitution Is Supreme

by KrisAnne Hall | Dec 1, 2017 | Constitution, Supremacy Clause

Article 6 clause 2 of the Constitution is known as the Supremacy Clause. This clause in our Constitution is often misquoted, misapplied, and misinterpreted. Those who support an overgrown and supreme federal power like to use this clause to beat the States into a...

The Supremacy Clause and the Bill of Rights

by Mike Maharrey | Sep 9, 2017 | 14th Amendment, Bill of Rights, Constitution, Incorporation Doctrine, Supremacy Clause

Many Americans believe the Bill of Rights apply to state and local governments. Most who hold this position rely on the 14th Amendment and the “incorporation doctrine” to support their position. But some proponents of using federal power to restrict state...

Mainstream Media Gets the Supremacy Clause and Nullification Wrong. Again.

by Mike Maharrey | Apr 29, 2017 | Anti-Commandeering Doctrine, Eleven Years, Media, Nullification, Nullification, Supremacy Clause

This is featured in today’s Tenther newsletter, which everyone in the nullification movement gets daily or weekly. Be one of them – and Become a member here to support the TAC. Last week, an Associated Press reporter interviewed me about a Texas bill that...

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