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our final concept in this unit derives from article 6 of the Constitution Article 6 contains three miscellaneous provisions including the Supremacy Clause which states as follows this Constitution and the laws of the United States which shall be made in pursuance thereof and all treaties made or which shall be made under the authority of the United States shall be the supreme law of the land and the judges in every state shall be bound thereby anything in the Constitution or laws of any state to the contrary notwithstanding while our discussion of the dormant Commerce Clause inquired about the effect of federal inaction on the ability of states to regulate the Supremacy Clause concerns the effect of congressional action on the ability of states to regulate we addressed this question under the heading of preemption the case law has recognized three kinds of preemption Express preemption field preemption and conflict preemption under Express preemption congressional intent to preempt is
