What is the truth regarding the Supremacy Clause and the SCOTUS?

[Philosophy_of_Politics]

Opinions? Comments? Answers?

 

[Natural Citizen]

Opinions? Comments? Answers?

Pick a conflict. Actually, FDA is good for violating the Supremecy Clause. Is weird, I was actually reading something simliar before even seeing your thread. It was one of Jonathan Emord's cases whereas....

Cause of action II: violation of the supremacy clause​

39. Under the supremacy clause of the constitution, the constitution and the laws made in pursuance of it are supreme. U.S. CONST. art. VI, cl. 2. In our constitutional order, administrative law and agency convenience cannot be deemed supreme over a constitutional mandate from a federal court or the first amendment to the United States constitution.

40. The Pearson court prohibited FDA from denying potentially misleading health claims on administrative grounds that violate first amendment disclosure requirements. Instead, the Pearson court ordered the agency to authorize potentially misleading health claims with corrective disclaimers. FDA violated the supremacy clause by refusing to implement that constitutional mandate and by insisting on adherence to its administrative rules to the contrary.

 

[sailingaway]

Only where they federal government is given supreme power to begin with.

 

[Philosophy_of_Politics]

This is an area i'm trying to learn more of. I need to know the truth. Preferably to be verified.

 

[The Gold Standard]

This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

Federal laws that are made in pursuance of the Constitution are binding for all of the states. That is what it means. It also means that federal laws that are not made in pursuance of the Constitution are not binding on anyone.