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

Front Cover
Greenwood Publishing Group, 2004 - Law - 206 pages

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.

 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

History l
3
From Ratification to the Present
35
Analysis
73
Federal Immunity from State Law
127
Treaties as the Supreme Law of the Land
157
BtBLtOGRAPHtCAL ESSAY
195
INDEX
201
Copyright

Common terms and phrases

About the author (2004)

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

Bibliographic information