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2 unusual facts about Supremacy Clause


Ecotax

The Supreme Court of the United States held in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981), that in the absence of federal law to the contrary, states may set ecotaxes as high as they wish without violating the Commerce Clause or the Supremacy Clause of the United States Constitution.

Supremacy Clause

In Federalist No. 44, James Madison similarly defends the Supremacy Clause as vital to the functioning of the nation.


D'Emden v Pedder

The court then quoted extensively and with approval from the judgment of Chief Justice John Marshall in McCulloch v Maryland, specifically from a passage discussing the ideological basis of taxation, the relationship between the various American states and the Union, and the implications of the Supremacy Clause.


see also

Article Six of the United States Constitution

The Supreme Court under John Marshall was influential in construing the supremacy clause.