Vermont Law School Research Supremacy Clause

Vermont Law School Research Supremacy Clause

Vermont Law School Research Supremacy Clause

Several western state legislatures had to consider a series of laws in 2016 demanding the end of public land management by the federal government. The bills issued a state-law “demand” that the United States relinquish its title to American public lands and transfer ownership to states. The Constitution grants the United States exclusive legal control over American public lands. Congress may initiate a transfer or sale, but demands by state or local governments have no constitutional foundation. Article VI of the Constitution makes the Constitution and federal statutes “supreme” over state statutes. The Supreme Court decides matters in which the legal issue demands an interpretation of the Supremacy Clause in order to secure federal rights by according them priority whenever they come in conflict with state law. However, is the Court always right in its interpretation? Can the wrong decision have a lasting impact on public policy?

Select a case in which public policy was affected and the Supremacy Clause was used to resolve a conflict between federal and state laws.

Provide a summary of the case you selected. Describe the holding in the case and the public policy that was affected. Explain the short-term and long-term impact of the use of the Supremacy Clause in this case. Provide the Bluebook citation for all cases and/or statutes.

Note: Include an in-text Bluebook citation, if referencing cases, as well as a citation in the reference list.

Readings

  • Harvard Law Review Association, et al. (Eds.). (2015). The Bluebook: A uniform system of citation (20th ed.). Cambridge, MA: Author.
    • Rules 10, 11, and 12
  • Barnett, R. E. (2001). The original meaning of the Commerce Clause. University of Chicago Law Review, 68(1), 101–147.
  • Bodenhamer, D. J. (2007, November 28). Federalism and democracy. Retrieved from http://iipdigital.usembassy.gov/st/english/article/2007/11/20071128094357abretnuh0.8318903.html#axzz30UaoGBNf
  • Clark, B. R. (2003). The Supremacy Clause as a constraint on federal power. George Washington Law Review, 71(1), 91.
  • Novick, S. (2016). The original understanding of ‘this’ Constitution. Vermont Law School Research Paper No. 5–16. Retrieved from http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2766642
  • Sikora, V. (2002). Federalism: How the principle works on state and local levels. Journal of Environmental Health, 65(3), 44–47.
  • Weiland, P., & O’Leary, R. (1997). Federalism and environmental policy: The case of solid waste management. American Review of Public Administration, 27, 211–227.