What is the scope of the supremacy clause of the US Constitution?
The Supremacy Clause of the US Constitution establishes the US Constitution, laws made pursuant to it, and treaties made under its authority as the supreme law of the land. This means that when state and federal laws conflict, the federal law takes precedence. In North Carolina, this means that any state laws which conflict with US laws must be invalidated and replaced with federal laws. The Supreme Court has held that Congress has the power to preempt any state law which conflicts with a federal law. This means that any state law which is seen to impede, obstruct, or frustrate the purpose of a federal law is deemed invalid and can be found unconstitutional. The Supreme Court has also established that only Congress has the power to determine the scope of the Supremacy Clause. The Supremacy Clause is fundamental for our federal system. It ensures that states and citizens will follow the laws of the United States, and gives Congress the power to preempt any state laws which conflict with federal laws. Additionally, the scope of the Supremacy Clause protects us from conflict between state and federal governments, ensuring that state laws do not compete with federal laws. This cohesive system of federal law allows citizens of North Carolina to have access to the same laws no matter which state they live in.
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