Index/Topics/Supremacy Clause

Supremacy Clause

A legal defense against state prosecution that creates primary responsibility for accountability on the Department of Justice.

Fact-Checks

7 results
Jan 20, 2026
Most Viewed

What legal rules govern federal control of officer-involved-shooting investigations and state access to evidence?

Federal control over investigations of officer-involved shootings by federal agents rests on a mix of constitutional supremacy, federal criminal statutes, and prosecutorial discretion, but states reta...

Jan 10, 2026
Most Viewed

How have state prosecutors handled cases involving federal agents’ use of force, and what legal obstacles affect charging decisions?

State prosecutors have at times moved to charge federal agents for deadly or abusive conduct, but those efforts collide with constitutional, procedural and evidentiary walls—most notably Supremacy Cla...

Jan 24, 2026

How do DOJ policies and internal memoranda influence the decision to prosecute federal agents for deadly force?

The ’s written and internal memoranda create the legal and evidentiary framework prosecutors use to decide whether federal agents who kill are criminally liable, by defining when deadly force is permi...

Jan 14, 2026

How have state prosecutors handled past cases charging federal officers, and what were the legal outcomes?

State prosecutors have pursued charges against federal officers in a range of cases—from alleged homicides and kidnappings to corruption and perjury—but those prosecutions frequently collide with fede...

Jan 13, 2026

Under what circumstances can state prosecutors bring charges against federal agents for actions taken during immigration enforcement?

State prosecutors can — and historically have — bring criminal charges against federal immigration agents, but success hinges on legal thresholds and political realities: courts may bar prosecutions w...

Jan 11, 2026

What are the constitutional challenges to local participation in federal immigration enforcement?

Local participation in federal immigration enforcement runs into a tangle of constitutional doctrines: anti‑commandeering limits on federal power, the Supremacy Clause and preemption concerns, Fourth ...

Jan 9, 2026

Under what circumstances have state prosecutors successfully charged federal agents for actions during immigration arrests?

State prosecutors have succeeded in bringing charges against federal law-enforcement officers only when the officers’ conduct fell outside the scope of their federal duties — for example, alleged pers...