Paralegal Certification PrepLegal Terminology and ConceptsMedium
A paralegal is preparing a legal memorandum discussing the powers of the state government versus the federal government regarding environmental regulations. The legal principle that dictates federal law takes precedence over state law when there is a conflict is known as:
- ASupremacy Clause
- BFederalism
- CSeparation of Powers
- DJudicial Review
Show answer & explanationAnswer & explanation
Correct answer: A. Supremacy Clause
The Supremacy Clause, found in Article VI of the U.S. Constitution, establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.
Why the other options are wrong
- B. Federalism is the division of power between national and state governments, but the Supremacy Clause specifies which prevails in a conflict.
- C. Separation of powers divides governmental authority among legislative, executive, and judicial branches.
- D. Judicial review is the power of courts to determine if laws are constitutional, not to establish federal precedence.
Supremacy Clause
A clause in Article VI of the U.S. Constitution stating that the Constitution, federal laws, and treaties are the 'supreme law of the land,' meaning they take precedence over conflicting state laws.
- Found in Article VI of the U.S. Constitution.
- Ensures uniformity in application of federal law.
- Foundation for federal preemption of state law.
Memory trick: The Constitution: The blueprint for America's legal house.