However, federal statutes and treaties are supreme … Still, the Hines formulation may not be a very good principle of statutory interpretation. I do not think that the Supremacy Clause itself compels this understanding of the preemptive effect of federal statutes. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. In some cases, jurisdictional issues do bear a hindrance but that has been changing over the years. For instance, the fact that Congress has chosen to establish federal income taxes, but has mostly refrained from establishing federal sales taxes, does not mean that state legislatures have to make the same choice as a matter of state law. As a result, if there is a conflict between federal law and state law, federal law will preempt state law. At the same time, however, the Supremacy Clause is not the “source of any federal rights,”11 and the Clause “certainly does not create a cause of action.”12 As such, individual litigants cannot sue to enforce federal law through the Supremacy Clause, as such a reading of the Clause would prevent Congress from limiting … Should any additional instructions about preemption be inferred? The Supremacy Clause is a constitutional guarantee of the pre-emption of the United States Congress to exercise a legislative function. As a result, if there is a conflict between federal law and state law, federal law will preempt state law. Whenever the federal gov. This was the decision in the landmark Supreme Court case of McCulloch v. Maryland. With respect to statutes enacted by a single legislature, courts traditionally have handled such contradictions by giving priority to the more recent statute. Different judges, however, have different views about the circumstances in which courts can properly read things into federal statutes (and, perhaps, about the extent to which courts can properly articulate subsidiary rules designed to help implement those statutes). (If the relevant federal statute includes a preemption clause, what does the clause mean? This principle is so familiar that we often take it for granted. While modern scholars have debated the circumstances in which treaties should be understood to establish rules of decision for cases in American courts, the Supremacy Clause unquestionably makes such treaties possible. A national lockdown would be an exercise of the power to regulate foreign and interstate commerce here temporarily holding both in the immediate hope of saving lives and ultimately reviving our authority. (Even here, though, people disagree—both about what the scope of those powers is, and about how to decide when an exercise of federal authority should displace state law.) The Supremacy Clause The Supremacy Clause states that the Constitution, federal statutes and treaties are to be held above state law. Under the Supremacy Clause, the “supreme Law of the Land” also includes federal statutes enacted by Congress. Supremacy Clause. The Supremacy Clause of the Constitution of the United States, establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. 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