The Supremacy Clause and McKinney-Vento

A Legal Memo

This legal memo analyzes the extent to which the McKinney-Vento Act supercedes the conflicting policies of participating state and local entities.  It finds that the Supreme Court and lower courts have affirmed federal funding statutes that involve issues of traditional state concern, including public health and education.  Even after recent decisions in which the Supreme Court has invalidated certain statutes as inconsistent with principles of federalism, federal courts have continued to affirm the validity and supremacy of statutes passed under the spending power.

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