The Supremacy Clause: A Reference Guide to the United States Constitution

Portada
Greenwood Publishing Group, 2004 - 206 páginas


This book combines a detailed examination of the history of the Supremacy Clause with a comprehensive consideration of all aspects of Supremacy Clause Doctrine. It explores how the Supremacy Clause makes federal law the supreme Law of the Land, so that federal law overrides conflicting state law. This work also looks at how the Supreme Court frequently requires not supremacy but equality when applying the Supremacy Clause by invalidating state laws that discriminate against the federal government.

This volume gives a detailed history of the Supremacy Clause by tracing the origins of federal supremacy from colonial days. It gives particular attention to the evolution of the Supremacy Clause in the Constitutional Convention and discussions of the Clause during the ratification debates. Foundational decisions of the Supreme Court interpreting the Clause are discussed as well as the role of the Clause during critical confrontations between states and federal government. This work also considers in detail the doctrinal role of the Supremacy Clause today by discussing contemporary topics and recent controversies surrounding them.

Dentro del libro

Comentarios de la gente - Escribir un comentario

No encontramos ningún comentario en los lugares habituales.

Páginas seleccionadas

Contenido

From Independence to Ratification of the Constitution
3
From Ratification to the Present
35
The Supremacy Clause and the Courts
73
Federal Immunity from State Law
127
Treaties as the Supreme Law of the Land
157
BIBLIOGRAPHICAL Essay
189
TABLE OF CASES
195
INDEX
201
Derechos de autor

Términos y frases comunes

Pasajes populares

Página 43 - The result is a conviction that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Página 14 - Britain; and that the King's Majesty, by and with the advice and consent of the Lords spiritual and temporal and Commons of Great Britain in Parliament assembled, had, hath and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the Crown of Great Britain in all cases whatsoever.
Página 3 - Britain, as being inseparably united and annexed thereunto ; and that the King's Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons of Great Britain in Parliament assembled, had, hath, and of right ought to have full power and authority to make laws and statutes of sufficient force and validity, to bind the Kingdom and people of Ireland.
Página 47 - Resolved, That the several states composing the United States of America, are not united on the principle of unlimited submission to their general government ; but that by compact, under the style and title of a Constitution for the United States...
Página 52 - Congress, banishing all feelings of mere passion or resentment, will recollect only its duty to the whole country; that this war is not waged upon our part in any spirit of oppression, nor for any purpose of conquest or subjugation, nor purpose of overthrowing or interfering with the rights or established institutions of those States, but to defend and maintain the supremacy of the Constitution and to preserve the Union, with all the dignity, equality, and rights of the several States unimpaired;...
Página 48 - ... in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states, who are parties thereto, have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining, within their respective limits, the authorities, rights, and liberties appertaining to them.
Página 3 - America have been, are, and of right ought to be, subordinate unto and dependent upon the imperial crown and parliament of Great Britain ; and that the king's Majesty, by and with the advice and consent of the lords spiritual and temporal and commons of Great Britain, in parliament assembled, had, hath, and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people...
Página 25 - Thus I consent, Sir, to this Constitution because I expect no better, and because I am not sure that it is not the best. The opinions I have had of its errors I sacrifice to the public good.

Acerca del autor (2004)

CHRISTOPHER R. DRAHOZAL is Professor of Law at the University of Kansas School of Law.

Información bibliográfica