Supremacy Clause
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...
The Supremacy Clause and the Bill of Rights
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...