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