Under the Supremacy Clause of the U.S. Constitution, federal statutes trump conflicting state laws.

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Carl Tobias, a law professor at the University of Richmond, said a ban on public display of a legal product could face a challenge under the Constitution or federal statutes that already regulate tobacco.

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His lawyers argued that these statutes violated the Texas Constitution and that they violated Ceverha's right to free speech, but Judge Hart rejected that argument.

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There is nothing in the Constitution, federal, state or local statutes that expressly prohibits it.

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Roger Pilon of the Cato Institute notes that a mere three mentions of crime in the Constitution have blossomed into 3, 000 federal criminal statutes and perhaps 300, 000 regulations with criminal sanctions.

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Americans concluded that widespread violation of prohibition laws (not just statutes, but an actual part of the Constitution) was evidence that the law was too strict and that laws like prohibition which are so onerous that otherwise law-abiding citizens broke them, undermine the rule of law.

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But federal courts strike down state statutes all the time for violating the U.S. Constitution.

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