Sunday, January 24, 2010

What case established the Federal Supremacy doctrine?

Was it Scott v. Sanford?What case established the Federal Supremacy doctrine?
It was established under Constitutional law, not case law. The Supremacy Clause is contained in Clause 2 of Article VI in the U.S. Constitution. That section reads ';This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.';





Scott v. Sanford, aka the Dred Scott decision was historically significant for validating the constitutionality of slavery in the pre-Civil War era. It really didn't have anything to with federal supremacy. Hope this helps.

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