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Constitutional Law

Supremacy Clause



The SUPREMACY CLAUSE in Article VI makes the Constitution, federal laws, and treaties "the supreme Law of the Land." Under this clause, state courts may not interpret the Bill of Rights, or any other constitutional provision, differently than does the Supreme Court. States may not provide less protection for individual liberties than is provided under the federal Constitution. However, state courts do retain the power to afford their residents greater protection for certain liberties established by their own state constitution than is afforded by the federal Constitution (Prune Yard Shopping Center v. Robins, 447 U.S. 74, 100 S. Ct. 2035, 64 L. Ed. 2d 741 [1980]).



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