After that, the President will need to sign the Act into law before it comes into effect. Isn’t that a conflict? The Supremacy Clause means that the Constitution stands above all other laws, including laws of States. The Supremacy Clause and the Hierarchy of Laws While states clearly have many powers and responsibilities, it is worth remembering that the U.S. Constitution and federal laws trump state legislation. One major practical problem is that a marijuana business operating legally under state law needs a place to put its money. The Supremacy Clause only applies if the federal government is acting in pursuit of its constitutionally authorized powers, as noted by the phrase “in pursuance thereof” in the actual text of the Supremacy Clause itself. The Supremacy Clause: Conflict between Federal and State Law as it relates to Medical Marijuana The American Constitution provides for a division of government powers between the federal and state governments, as well as provides solutions in an event of conflict between these two governments. If the States Act were passed, a person who  is legally using, buying, selling, or possessing marijuana under state law, would most likely not face prosecution under federal law. Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, Federal Statutes, and U.S. Treaties as "the supreme law of the land." Federalism is a system of government in which entities such as states or provinces share power with a national government. | {{course.flashcardSetCount}} A country needs to have one set of laws. S. Candice Hoke, Transcending Conventional Supremacy: A Reconstruction of the Supremacy Clause, 24 Conn. L. Rev. Anyone can earn It is also different from a confederation, which is an association of independent governmental units. Medical Marijuana: The Supremacy Clause, Federalism, and the Interplay Between State and Federal Laws Todd Garvey Legislative Attorney November 9, 2012 Congressional Research Service 7-5700 www.crs.gov R42398 ArtVI.C2.1.1 Supremacy Clause. You may also see relative clause examples. First, the Act must pass both houses of Congress. flashcard sets, {{courseNav.course.topics.length}} chapters | flashcard set{{course.flashcardSetCoun > 1 ? Such a reading must narrowly interpret the Commerce Clause, Necessary and Proper Clause, Supremacy Clause, and Tenth Amendment. To learn more about this topic, review the accompanying lesson called Federalism & the Supremacy Clause: Definition & Example. | 35 Local, State & Federal Ordinances: Definitions and Differences, Quiz & Worksheet - Federalism & the Supremacy Clause, Over 83,000 lessons in all major subjects, {{courseNav.course.mDynamicIntFields.lessonCount}}, The 3 Branches of Government: Executive, Legislative, Judicial, What Is Constitutional Law? All rights reserved. Article VI, Clause 2 of the United States Constitution establishes that the Constitution and federal law are the supreme law of the United States. 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