D. It establishes relationships between states. Thus, a federal court may require a state to stop certain behavior it believes interferes with, or is in conflict with, federal law. For instance, federal anti-discrimination law does not include LGBTQ individuals as a protected class. A local food and beverage vendor who sells blue soda pop in vending machines is charged with violating the state law. Whether you have been charged with a federal crime you thought was legal under state law, wish to sue for a civil wrong but are unsure about jurisdiction, or have other legal concerns, it's often best to work with a lawyer. The Supremacy Clause is a clause within Article VI of the U.S. Constitution which dictates that federal law is the "supreme law of the land." It is an interpretative rule that deals with resolving conflicts … power over the state gov. Outside expert settings, it is mostly students who are studying the US Constitution who will encounter the term. 1 decade ago. But an Illinois employee may sue under state law for wrongful termination if their sexual orientation or gender identity (either actual or presumed) was a factor in the firing. What Does Supremacy Clause Mean? Favorite Answer. PRIOR DEBTS, NATIONAL SUPREMACY, AND OATHS OF. It means that the federal government, in exercising any of the powers enumerated in the Constitution, must prevail over any conflicting or inconsistent state exercise of power. For instance, several states have legalized both the medical and recreational use of cannabis (marijuana), which is still a Schedule I controlled substance under federal law. The Supremacy Clause is rarely referenced outside of legal and political settings. The Supremacy Clause is that which derives from Constitutional law and sets forth that three distinct areas of legislation be at the forefront. Therefore, an openly gay employee in Kansas can be lawfully fired simply for being gay. 215.409.6600 This means that judges in every state must follow the Constitution, laws, and treaties of the federal government in matters which are directly or indirectly within the government's control. Examples of the Supremacy Clause: State vs. Federal. | Last updated June 02, 2017. A constitutional law attorney can help with the construction and interpretation of a federal law as applied to a particular state law. Once a state is participating, however, any of its legislation that is contrary to federal requirements is void under the Supremacy Clause.10, At the same time, however, the Supremacy Clause is not the “source of any federal rights,”11 and the Clause “certainly does not create a cause of action.”12 As such, individual litigants cannot sue to enforce federal law through the Supremacy Clause, as such a reading of the Clause would prevent Congress from limiting enforcement of federal laws to federal actors.13 Instead, without a statutory cause of action, those wishing to seek injunctive relief against a state actor that refuses to comply with federal law must rely on the inherent equitable power of courts, a judge-made remedy that may be overridden by Congress.14, The operation of federal immunity acts15 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 jury16 illustrates direct federal preemption that is not contingent on state participation in a federal program. Internet Explorer 11 is no longer supported. 525 Arch Street. The United States passes a law promising to preserve and to protect Indian tribes. Under the Supremacy Clause of the U.S., State B may not tax a federally recognized Indian tribe since doing so would violate the tribe's political interest in which the U.S. has promised to protect. : Because of the Supremacy Clause of the U.S. Constitution, a state government cannot limit the uses to which federal agencies put these state-gathered faceprints. ** The Justice Department’s current policy is that it won’t challenge state laws that legalize the recreational use of marijuana. The laws are unconstitutional will preempt state law, federal law as applied a. Individuals as a protected class learn more about FindLaw ’ s newsletters, including our terms of use and policy... 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