ARTICLE VI

 

     All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

     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 of every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

     The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

 

Attorney General Opinions

 

  Article 8, titled "Nuclear Energy", of chapter 14 of Hawaii County Code and proposed amendment to the article, that would prohibit the transportation into or storage of any radioactive material that could be used, e.g., in an irradiation facility, were preempted by the Atomic Energy Act of 1954.  Att. Gen. Op. 99-1.

 

Law Journals and Reviews

 

  Hawaiian Self-Determination:  A Need for Debate.  III HBJ No. 13, at pg. 121.

 

Case Notes

 

Supremacy.

  No implied preemption of state mooring and anchoring regulations where congressional intent to preempt state action is not clearly manifest, federal regulation has not occupied the field of navigation, and the federal interest in navigation is not so dominant as to assume federal preemption of state laws.  42 F.3d 1185.

  No preemption of state mooring and anchoring regulations by Submerged Lands Act where there was no actual conflict between federal Act and Hawaii's regulations.  42 F.3d 1185.

  Act 243 [L 1995] preempted by Newspaper Preservation Act, because Act 243 intruded upon a field preempted by Congress; plaintiffs’ preemption claim was ripe.  103 F.3d 742.

  State regulation that prohibited commercial tour boat operators from operating their tour boats in Hanalei Bay, in conjunction with relevant federal shipping laws, violated the supremacy clause.  340 F.3d 1053.

  Device implanted in plaintiff’s leg had no requirements imposed upon it by Medical Device Amendments to Federal Food, Drug, and Cosmetic Act or Food and Drug Administration which would preempt state tort claims.  841 F. Supp. 327.

  Where plaintiffs filed motion for preliminary injunction regarding Act 359 of 1993 Hawaii legislature (relating to Hawaiian sovereignty), as amended in 1994 and 1996, no supremacy clause violation found regarding native Hawaiian vote.  941 F. Supp. 1529.

  Complaint did not allege conduct which would constitute state tort exception to area of labor relations otherwise preempted by federal law.  65 H. 189, 649 P.2d 1119, cert. denied, 461 U.S. 904; 73 H. 276, 831 P.2d 1335.

  Implied warranty claim not preempted by Medical Device Amendments to Federal Food, Drug, and Cosmetics Act.  74 H. 1, 837 P.2d 1273.

  Federal Aviation Act did not preempt state’s power, under §239-6, to tax gross receipts attributable to the ground transportation portion of air packages that common carrier transported interisland and/or between Hawaii and the mainland.  88 H. 336, 966 P.2d 648.