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The Supremacy Clause: A Reference Guide to the United States Constitution (Reference Guides to the United States Constitution)
 
 
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The Supremacy Clause: A Reference Guide to the United States Constitution (Reference Guides to the United States Constitution) [Hardcover]

Christophe R. Drahozal (Author)

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Book Description

0313314470 978-0313314476 June 30, 2004

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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Book Description

Reviews the history of the Supremacy Clause of the United States Constitution and surveys current legal doctrines that have developed under it.


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Inside This Book (learn more)
First Sentence:
The accepted view of sovereignty, as it developed from Whitelocke's time through the American Revolution, was that it could not be divided. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
preemption savings clause, legal incidence test, obstacle preemption, federal tax immunity, implied preemption cases, express preemption clause, implied preemption analysis, federal preemption statutes, presumption against preemption, field preemption, federal immunity, federal instrumentalities, state retirees, statutory incidence, conflict preemption, supremacy clause, express preemption provision, federal instrumentality, federal retirees, juvenile death penalty, preemption doctrine, preempting state law, deal with the federal government, state law preempted, interposition resolutions
Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, James Madison, South Carolina, Pennsylvania Convention, Great Britain, Edmund Randolph, George Mason, Alexander Hamilton, Confederate States, Red Cross, Ten Commandments, Thomas Jefferson, New Mexico, State Judges Clause, Documentary History, Federal Arbitration Act, John Jay, Rhode Island, Chief Justice Marshall, Ninth Circuit, Secretary of State, House of Representatives, Luther Martin, Ruby Ridge, Warren Court
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