The supremacy clause : a reference guide to the United States Constitution

著者

    • Drahozal, Christopher R.

書誌事項

The supremacy clause : a reference guide to the United States Constitution

Christopher R. Drahozal ; foreword by Carter G. Phillips

(Reference guides to the United States Constitution, no. 7)

Praeger, 2004

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注記

Includes bibliographical references (p. [189]-194) and index

内容説明・目次

内容説明

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.

目次

Series Foreword by Jack Stark Foreword by Carter G. Phillips Acknowledgments Introduction History From Independence to Ratification of the Constitution From Ratification to the Present Appendix Analysis The Supremacy Clause and the Courts Federal Preemption of State Law Federal Immunity from State Law Treaties as the Supreme Law of the Land Bibliographical Essay Tables of Cases Index

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