WHEN may courts lawfully strike down, under the “supremacy clause”, State laws and provisions in State Constitutions?

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constitutional violations, federal Constitution, government overreach, judicial tyrany, State Constitution, Supremacy clause

Publius Huldah’s Blog by Publius Huldah

The courts have lawful authority under the supremacy clause of the federal Constitution (Art. VI, clause 2) to overturn SOME Amendments to State Constitutions and SOME State laws.

It depends on whether the State provision conflicts with the federal Constitution, or with an Act of Congress which is authorized by the Constitution, or with a Treaty which is authorized by the Constitution.

For example: Say a State law says you have to be 45 years old to run for President. That would conflict with Art. II, Sec. 1, clause 5, US Constitution, which establishes 35 years as the minimum age requirement. State laws can’t contradict the Constitution. So a court could properly strike down the State law which says Presidents must be at least 45 years old.

Do you see? The State Law, or State Constitutional provision, or State judicial opinion must CONTRADICT something in the federal Constitution, or Acts of Congress authorized by the Constitution, or Treaties authorized by the Constitution – before it may lawfully be struck down under the supremacy clause….

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Suggested reading: Searching for “Marriage” in the Fourteenth Amendment by Publius Huldah

LINKS:
https://publiushuldah.wordpress.com/2015/09/10/when-may-courts-lawfully-strike-down-under-the-supremacy-clause-state-laws-and-provisions-in-state-constitutions/
https://publiushuldah.wordpress.com/2015/05/11/searching-for-marriage-in-the-fourteenth-amendment/