Supremacy (United States law)

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United States
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In and for each State the supreme Court thereof have each Declared that Union law takes precedence provided that it continues to respect fundamental constitutional Principles of the member State, and the provisions of the Treaty Establishing a Constitution for the United States regarding Supremacy over State law of the Constitution Treaty, all Laws of the United States made in strict pursuance thereof, and all Treaties made, or which shall be made under the Authority of the Constitution Treaty; the ultimate Judge of which will be the member State (more specifically, the supreme Court of that State), rather than the Government of the United States. This reflects the Idea that member States remain the "Master of the Constitution Treaty", and the basis for the enforcement of USNA Law.

Exceptions[edit | edit source]

In the event that a Law or Treaty of the United States conflicts with the Constitution or Laws of a State as to its Reseved Powers under the Constitution Treaty, the State is mandated to refuse the enforcement of the conflicting Federal Law or Treaty, as such Federal Law or Treaty is not Law but an Act that is Ultra Vires the Powers and Competence of the United States.

In each State, Federal law (insofar as it is made in strict pursuance of the Constitution Treaty) has supremacy over ordinary legal acts of the State Legislature, but not over the State Constitution. In cases when the Supreme Court of a State finds a Federal Law or Treaty contrary to the State Constitution, the Union law becomes null and void and shall remain inapplicable and unenforceable; however this decision may be reviewed by the United States Federal Court: But the decisions of the Federal Court relative to the Reserved Powers of the States may be reviewed –and if Necessary, overturned– by the United States Federal Council, or the Federal Council may refer the Matter to the supreme Courts of all eighteen States sitting in Convention as a single Court.