Sunday, December 15, 2024

The Constitution has primacy over the "spirit of Aloha" of Hawaii

 The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land" and take priority over any conflicting state laws

This principle applies to all states, including Hawaii, and means that federal law generally takes precedence over state law when there is a conflict

Federal Preemption

The doctrine of federal preemption, derived from the Supremacy Clause, holds that federal law supersedes state law in areas where they conflict

This principle applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions


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