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The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) 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. [1]
According to the Supreme Court, there is a difference between the credit owed to laws (i.e. legislative measures and common law) as compared to the credit owed to judgments. [1] Judges and lawyers agree on the meaning of the clause with respect to the recognition of judgments rendered by one state in the courts of another.
The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution.The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals.
This means that the plain meaning rule (and statutory interpretation as a whole) should only be applied when there is an ambiguity. Because the meaning of words can change over time, scholars and judges typically will recommend using a dictionary to define a term that was published or written around the time the statute was enacted. Technical ...
Additionally, the clause also proclaims that nothing contained within the Constitution may be interpreted to harm (prejudice) any claim of the United States, or of any particular State. The exact scope of this clause has long been a matter of debate. The federal government owns about twenty-eight percent of the land in the United States. [14]
Clause two provides that the Constitution, federal laws made pursuant to it, and treaties made under its authority constitute the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to ...
The Necessary and Proper Clause, also known as the Elastic Clause, [1] is a clause in Article I, Section 8 of the United States Constitution: The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government ...