Questions tagged [supremacy-clause]

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What does the Doctrine of Incorporation do that the Supremacy Clause does not?

According to the Federal Supremacy Clause of the U.S. constitution Federal Law supersedes even State Constitutions. Separately, the U.S. Federal government employs a doctrine called Incorporation whereby portions of the Bill of Rights bind State…
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Does the Supremacy Clause allow states to retain abortion rights enshrined in each states' constitution?

In the upcoming election, several states intend to put abortion rights on the ballot for consideration by the voters with successful passage resulting in an amendment to that state's constitution which will preserve those rights. Some candidates for…
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Does the Federal Supremacy clause preempt State Constitutions as well as State law?

The Federal Supremacy Clause is the formal text by which Federal Law generally trumps state law if the two are in explicit direct conflict as quoted below from the U.S. Constitution: Article VI, Clause 2: This Constitution, and the Laws of the…
isakbob
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what does the supremacy clause still do?

the supremacy clause in the United States Constitution says that in the case of a conflict between federal and state law, federal laws will take precedence. I've seen in many cases that this is not true. for example, in many states, guns are more…
tuskiomi
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