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

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Greenwood Publishing Group, 2004 - 206 Seiten


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.

 

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Inhalt

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
Urheberrecht

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Über den Autor (2004)

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

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