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Federal Supremacy

Definition

Federal supremacy refers to the idea in U.S. law that federal laws, treaties, and executive agreements are superior to state law.

Analogy

Think of federal supremacy as a referee in a football game. Just like how the referee's decisions overrule any disagreements among players on the field, federal laws overrule any conflicting state laws.

Related terms

Supremacy Clause: This is a clause within Article VI of the U.S. Constitution that establishes the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

Preemption: This is a doctrine based on the Supremacy Clause that says when certain federal legislation conflicts with state legislation, the federal law preempts or takes precedence.

Nullification: This is a legal theory suggesting states have rights to nullify or invalidate any federal law deemed unconstitutional by states. It's largely discredited due to principles like Federal Supremacy.



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© 2024 Fiveable Inc. All rights reserved.

AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.