Question

In chapter three your text discusses the role of the Supremacy Clause of the U.S. Constitution in separating power between the federal and state governments. For this topic, I want you to discuss recent events and court decisions, especially U.S. Supreme Court rulings, surrounding the Supremacy Clause and one of the following issues: legalization of marijuana, immigration, or same-sex marriage. Be sure to discuss the legal conflicts involved between state and federal law for whichever topic you choose.

Answer 1

Under the Supremacy Clause, the Supreme Court has final say in matters concerning federal law and can thus overrule state laws. In Lawrence v. Texas, the Supreme Court found that state laws criminalizing same sex sexual conduct between consenting adults as unconstitutional. Under the Supremacy Clause, this is a federal law and it is supreme over state laws. However, it contradicts with state laws that have outlawed same sex sexual conduct.