Question

In the context of dual regulation of subject matters, state law must fall under the supremacy clause and the commerce clause when _____.

Answer 1

In the context of dual regulation of subject matters, state law must fall under the supremacy clause and the commerce clause when

• The subject matter is unconstitutional

What is Supremacy?

This means that one thing or one arm of government takes precedence over certain matters regarding the state based on the powers given to them by the Constitution.

With this in mind, we can see that with dual regulation where the subject matter is regulated by both the state and federal governments, the state law must fall under the Supremacy Clause and the Commerce Clause when the subject matter is unconstitutional.

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