Tag: Supremacy Clause Operation
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Operation of the Supremacy Clause
When Congress legislates pursuant to its delegated powers, conflicting state law and policy must yield.1 Although the preemptive effect of federal legislation is best known in areas governed by the Commerce Clause, the same effect is present, of cour…
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Federal Immunity Laws
The operation of federal immunity acts 1 to preclude the use in state courts of incriminating statements and testimony given by a witness before a committee of Congress or a federal grand jury 2 illus…
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Priority of National Claims
Anticipating his argument in McCulloch v. Maryland,1 Chief Justice Marshall in 1805 upheld an act of 1792 asserting for the United States a priority of its claims over those of the states against a debtor in bankruptcy.<a name=t2 href=#f2 target=&quo…