Testa v. Katt, 330 U.S. 386 (1947). · Go Syfert
Testa v. Katt, 330 U.S. 386 (1947). Cases Citing This Book View Copy Cite
1,298 citation events (344 in the last 25 years) across 134 distinct courts.
Strongest positive: Association of American Railroads v. Beshear (kyed, 2020-01-28) · Strongest negative: United States v. Wilson (nysd, 1983-06-03)
Treatment trajectory · 1947 → 2026 · click a year to view as-of
1947 1986 2026
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Citations from separate opinions of courts that could overrule this case. This is a warning signal, not a treatment change. The flag color above is unaffected.
Dissent Gamble v. United States (2019)
“Testa , 330 U.S. at 390 , 67 S.Ct. 810 .”
Dissent Raygor v. Regents of the University of Minnesota (2000)
“Thus, for example, Congress may provide for the adjudication of federal claims in state courts, Testa v. Katt, 330 U. S. 386 (1947), and may direct that state litigation be stayed during 'the pendency of bankruptcy proceedings, 11 U. S. C. § 362 (a).”
Dissent Printz v. United States (1997)
“Although Bmnstad relied on the authority of the Act alone, without the benefit of the Extradition Clause, we noted no barrier to our decision in the principles of federalism — despite the fact that one Member of the Court brought the issue to our attention, see id., at 231 (Scalia, J., concurring in part and concurring in judgment). 30 Finally, the majority provides an incomplete explanation…”
Dissent Foremost Insurance v. Richardson (1982)
“State courts are duty bound to apply federal as well as local “uniform rules of conduct.” See Testa v. Katt, 330 U. S. 386 (1947).”
Concurrence Federal Energy Regulatory Commission v. Mississippi (1982)
“That opinion limited its holding to circumstances under which the state court has “jurisdiction adequate and appropriate under established local law to adjudicate this [federal] action.” Id., at 394 (emphasis added).”
Concurrence Employees of Department of Public Health v. Department of Public Health (1973)
“Thus, since federal law stands as the supreme law of the land, the State’s courts are obliged to enforce it, even if it conflicts with state policy, see Testa v. Katt, supra, at 392-394 ; Second Employers’ Liability Cases, 223 U. S. 1 , 57-58 (1912).”
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" United States v. Wilson (3×)
S.D.N.Y. · 1983 · signal: but cf. · confidence high
But cf. Testa v. Katt, 330 U.S. 386 , 67 S.Ct. 810 , 91 L.Ed. 967 (1947). 33 . 18 U.S.C. § 13 . 34 .
examined Cited "but see" Nesglo, Inc. v. Chase Manhattan Bank, N.A. (3×)
D.P.R. · 1983 · signal: but see · confidence high
Co., 252 U.S. 436 , 40 S.Ct. 385 , 64 L.Ed. 649 (1920); Freeman v. Machine Co., 319 U.S. 448, 451, n. 6 , 63 S.Ct. 1146, 1148, n. 6 , 87 L.Ed. 1509 (1943); but see, Testa v. Katt, 330 U.S. 386, 389-394 , 67 S.Ct. 810, 812-814 , 91 L.Ed. 967 (1947) (state court is obligated under supremacy clause, to enforce private treble damage remedy — similar to that in antitrust laws — found in Emergency Price Control Act of 1942, as amended, regardless whether it be considered “penal” in nature).
discussed Cited as authority (verbatim quote) Association of American Railroads v. Beshear
E.D. Ky. · 2020 · quote attribution · 1 verbatim quote · confidence high
when congress, in the exertion of the power confided to it by the constitution, adopted act, it spoke for all the people and all the states, and thereby established a policy for all.
examined Cited as authority (verbatim quote) Haywood v. Drown (3×) also: Cited "see"
SCOTUS · 2009 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
it is conceded that this same type of claim arising under rhode island law would be enforced by that state's courts. . . . under these circumstances the state courts are not free to refuse enforcement of petitioners' claim
discussed Cited as authority (verbatim quote) SC State Ports v. FMC
4th Cir. · 2002 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
he constitution and the laws passed pursuant to it are the supreme laws of the land, binding alike upon states, courts, and the people.
discussed Cited as authority (verbatim quote) South Carolina State Ports Authority v. Federal Maritime Commission
4th Cir. · 2001 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
he constitution and the laws passed pursuant to it are the supreme laws of the land, binding alike upon states, courts, and the people.
examined Cited as authority (verbatim quote) In Re R. Greg Bailey (4×) also: Cited as authority (quoted)
Fed. Cir. · 1999 · signal: see also · quote attribution · 4 verbatim quotes · confidence high
he constitution and the laws passed pursuant to it are the supreme laws of the land, binding alike upon states, courts, and the people.
discussed Cited as authority (verbatim quote) United States v. Theodore Roosevelt Johnson
4th Cir. · 1995 · signal: see · quote attribution · 1 verbatim quote · confidence high
he constitution and the laws passed pursuant to it are the supreme laws of the land, binding alike upon states, courts, and the people....
examined Cited as authority (quoted) South Carolina State Ports Authority v. Federal Maritime Commission (3×)
4th Cir. · 2001 · signal: see, e.g. · quote attribution · 3 verbatim quotes · confidence low
he constitution and the laws passed pursuant to it are the supreme laws of the land, binding alike upon states, courts, and the people.
examined Cited as authority (quoted) Collette v. St. Luke's Roosevelt Hospital (3×)
S.D.N.Y. · 2001 · quote attribution · 3 verbatim quotes · confidence low
the obligation of states to enforce ... federal laws is not lessened by reason of the form in which they are cast or the remedy which they provide
discussed Cited as authority (rule) Whittaker Clark & Daniels v.
3rd Cir. · 2026 · confidence medium
Thus, when state courts consider which law governs a dispute, the existence of a controlling federal rule resolves any choice-of-law question, “[f]or the policy of the federal [law] is the prevailing policy in every state.” Testa v. Katt, 330 U.S. 386, 393 (1947).
discussed Cited as authority (rule) In Re: Whittaker Clark & Daniels v.
3rd Cir. · 2025 · confidence medium
Thus, when state courts consider which law governs a dispute, the existence of a controlling federal rule resolves any choice-of-law question, “[f]or the policy of the federal [law] is the prevailing policy in every state.” Testa v. Katt, 330 U.S. 386, 393 (1947).
discussed Cited as authority (rule) CVS Pharmacy Inc v. Arkansas State Board of Pharmacy
E.D. Ark. · 2025 · confidence medium
The Supremacy Clause provides “that the Constitution and the laws passed pursuant to it are the supreme laws of the land, binding alike upon states, courts, and the people, ‘any- thing in the Constitution or Laws of any State to the contrary notwithstanding.’” Testa v. Katt, 330 U.S. 386, 391 (1947) (quoting U.S. Const. art.
discussed Cited as authority (rule) Pharmaceutical Care Management Association v. Arkansas State Board of Pharmacy
E.D. Ark. · 2025 · confidence medium
The Supremacy Clause provides “that the Constitution and the laws passed pursuant to it are the supreme laws of the land, binding alike upon states, courts, and the people, ‘any- thing in the Constitution or Laws of any State to the contrary notwithstanding.’” Testa v. Katt, 330 U.S. 386, 391 (1947) (quoting U.S. Const. art.
discussed Cited as authority (rule) United States v. State of Texas
5th Cir. · 2025 · confidence medium
After all, state courts must apply federal law, see Testa v. Katt, 330 U.S. 386, 393 (1947), and there is a strong presumption that federal claims can be heard in state courts, see Haywood v. Drown, 556 U.S. 729, 735 (2009).
discussed Cited as authority (rule) United States v. State of Texas
5th Cir. · 2025 · confidence medium
After all, state courts must apply federal law, see Testa v. Katt, 330 U.S. 386, 393 (1947), and there is a strong presumption that federal claims can be heard in state courts, see Haywood v. Drown, 556 U.S. 729, 735 (2009).
discussed Cited as authority (rule) Davis v. Chenega Corporation
E.D. Mo. · 2024 · confidence medium
While she was free to file her federal claim in state court, see Testa v. Katt, 330 U.S. 386, 394 (1947) (holding that Article VI of the Constitution generally requires state courts to enforce federal law); see also, e.g., Botto v. Bosley, 995 S.W.2d 544 (Mo. Ct. App. 1999) (per curiam) (affirming judgment in ADA case), this Court also has original jurisdiction over the action, see 28 U.S.C. § 1331 (providing this Court “original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States”).
discussed Cited as authority (rule) Michael Benson v. Daniel McKee, in his official capacity as Governor for the State of Rhode Island
R.I. · 2022 · confidence medium
This Court has acknowledged that “state constitutional and statutory law is subordinate to * * * ‘the [United States] Constitution[.]’” McKenna, 874 A.2d at 237 (quoting Testa v. Katt, 330 U.S. 386, 391 (1947)).
cited Cited as authority (rule) Brackeen v. Haaland
5th Cir. · 2021 · confidence medium
See Palmore v. United States, 411 U.S. 389, 402 (1973); Testa v. Katt, 330 U.S. 386, 394 (1947); see also Second Employers’ Liability Cases, N.H. & H.R.
cited Cited as authority (rule) William Barnes v. Edward Thomas
4th Cir. · 2019 · confidence medium
Testa v. Katt, 330 U.S. 386, 394 (1947).
examined Cited as authority (rule) TORRES v. SEABOARD FOODS, LLC (6×)
Okla. · 2016 · confidence medium
Const. Art. 5 § 36: "The authority of the Legislature shall extend to all rightful subjects of legislation, and any specific grant of authority in this Constitution, upon any subject whatsoever, shall not work a restriction, limitation, or exclusion of such authority upon the same or any other subject or subjects whatsoever." 13 Movants to Quash Multicounty Grand Jury Subpoena v. Dixon , 2008 OK 36, ¶ 22, 184 P.3d 546, 553 ("The authority of the Legislature extends to all rightful subjects of legislation not withdrawn by the Constitution or in conflict therewith."); In re Flynn's Estate , 19…
discussed Cited as authority (rule) Texas v. United States Environmental Protection Agency
5th Cir. · 2012 · confidence medium
The Clean Air Act is not foreign law.27 I dissent. 27 See Testa v. Katt, 330 U.S. 386, 391 (1947) (noting the Supreme Court’s repudiation of “the assumption that federal laws can be considered by the states as though they were laws emanating from a foreign sovereign”). 33
discussed Cited as authority (rule) Italia Foods, Inc. v. Sun Tours, Inc.
Ill. · 2011 · confidence medium
However, when a state court has jurisdiction “adequate and appropriate under established local law to adjudicate” a federal claim, the court is “not free to refuse enforcement.” Testa v. Katt, 330 U.S. 386, 394 (1947). ¶ 25 The United States Supreme Court has declared: “These principles are fundamental to a system of federalism in which the state courts share responsibility for the application and -7- enforcement of federal law.” Howlett, 496 U.S. at 372-73 .
discussed Cited as authority (rule) Italia Foods, Inc. v. Sun Tours, Inc.
Ill. App. Ct. · 2010 · confidence medium
The court acknowledged that, in Testa v. Katt, 330 U.S. 386, 394 , 67 S.Ct. 810, 814-15 , 91 L.Ed. 967, 972 (1947), the Supreme Court held that the supremacy clause precludes state courts from refusing to enforce federal claims.
cited Cited as authority (rule) Italia Foods, Inc. v. Sun Tours, Inc.
Ill. App. Ct. · 2010 · confidence medium
Ed. 967, 972 , 67 S. Ct. 810, 814-15 (1947), the Supreme Court held that the supremacy clause precludes state courts from refusing to enforce federal claims.
discussed Cited as authority (rule) State v. Allen
Wis. · 2010 · confidence medium
The general rule emanating from these cases is that unless Congress prohibits adjudication in a state court, "a state court cannot 'refuse to enforce the right arising from the law of the United States because of conceptions of impolicy ....'" Testa v. Katt, 330 U.S. 386, 393 (1947) (quoting Minneapolis & St.
cited Cited as authority (rule) MASSAD v. Greaves
Conn. App. Ct. · 2009 · confidence medium
Id., 740 n.6 (citing Testa v. Katt, 330 U.S. 386, 388, 394 , 67 S. Ct. 810 , 91 L.
cited Cited as authority (rule) Virginia v. Reinhard
4th Cir. · 2009 · confidence medium
VI, cl. 2; Testa v. Katt, 330 U.S. 386, 389, 391, 394 , 67 S.Ct. 810 , 91 L.Ed. 967 (1947); Printz v. United States, 521 U.S. 898, 928-29 , 117 S.Ct. 2365 , 138 L.Ed.2d 914 (1997).
discussed Cited as authority (rule) Haywood v. Drown (2×)
NY · 2007 · confidence medium
Testa v Katt, 330 US 386, 393 [1947]).
discussed Cited as authority (rule) Edwards v. Direct Access, LLC
Nev. · 2005 · confidence medium
Id. § 227(b)(3)(C). 8 Id. § 227(b)(3)(A). 9 Id. § 227(b)(3)(B). 10 Id. § 227(b)(3). 11 Testa v. Katt, 330 U.S. 386, 391 (1947). 12 Murphey v. Lanier, 204 F.3d 911, 913 (9th Cir. 2000); see also Erienet, Inc. v. Velocity Net, Inc., 156 F.3d 513, 520 (3d Cir. 1998); Foxhall Realty Law Offices v. Telecom.
discussed Cited as authority (rule) McKenna v. Williams (2×)
R.I. · 2005 · confidence medium
Article VI of the United States Constitution provides that the Constitution and the laws of the United States “shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.” Thus, state constitutional and statutory law is subordinate to the constitutional powers of the federal government, and “the Constitution and the laws passed pursuant to it are the supreme laws of the land, binding alike upon states, courts, and the people * * Testa v. Katt, 330 U.S. 386, 391, 392 , 67 S.…
cited Cited as authority (rule) Oats v. Whittaker
Mass. Super. Ct. · 2005 · confidence medium
Sun Oil Co. v. Wortman, 486 U.S. 717, 723 (1988); Testa v. Katt, 330 U.S. 386, 392 (1947); Schaffer v. Leimberg, 318 Mass. 396, 399 (1945); Parks Shellac Co. v. Harris, 237 Mass. 312, 320 (1921).
discussed Cited as authority (rule) R.A. Ponte Architects, Ltd. v. Investors' Alert, Inc.
Md. · 2004 · confidence medium
A state may not discriminate against rights arising under federal laws.” See also, e.g., National Private Truck Council, Inc. v. Oklahoma Tax Commission, 515 U.S. 582, 587 , 115 S.Ct. 2351, 2355 , 132 L.Ed.2d 509, 516 (1995) (“When they have jurisdic *702 tion, state courts have been compelled to provide federal remedies, notwithstanding the existence of less intrusive state-law remedies”); Felder v. Casey, 487 U.S. 131, 150, 151 , 108 S.Ct. 2302, 2313, 2314 , 101 L.Ed.2d 123, 146 (1988) (“Federal law takes state courts as it finds them only insofar as these courts employ rules that do…
examined Cited as authority (rule) Meehan v. Illinois Power Co. (3×) also: Cited "see, e.g."
Ill. App. Ct. · 2004 · confidence medium
Ed. 967, 972 , 67 S. Ct. 810, 815 (1947).
examined Cited as authority (rule) Meehan v. Illinois Power Co. Opinion text corrected 5/05/04 (3×) also: Cited "see, e.g."
Ill. App. Ct. · 2004 · confidence medium
Ed. 967 , 67 S. Ct. 810, 815 (1947).
discussed Cited as authority (rule) Alden v. Maine (2×)
SCOTUS · 1999 · confidence medium
Although early Congresses enacted various statutes authorizing federal suits in state court, see id., at 906-907 (listing statutes); Testa v. Katt, 330 U. S. 386, 389-390 (1947), we have discovered no instance in which they purported to authorize suits against nonconsenting States in these fora.
discussed Cited as authority (rule) Kilroy v. Superior Court of L.A. Cty.
Cal. Ct. App. · 1997 · confidence medium
(Block v. North Dakota, supra, 461 U.S. at pp. 288-289 [103 S.Ct. at p. 1820] [congressionally adopted statute of limitations binding on states pursuant to supremacy clause, the Tenth Amendment notwithstanding]; Fidelity Federal Sav. & Loan Assn. v. De La Cuesta (1982) 458 U.S. 141, 150-159 [ 102 S.Ct. 3014, 3020-3025 , 73 L.Ed.2d 664 ] [California courts must enforce due on sale clause because of regulation promulgated by Federal Home Loan Bank]; FERC v. Mississippi, supra, 456 U.S. 760 -761 [ 102 S.Ct. at p. 2138 ] [supremacy clause permits federal regulation of state public utility despite …
cited Cited as authority (rule) Town of Harrison v. Aldenberg
Mass. Dist. Ct., App. Div. · 1997 · confidence medium
Sun Oil Co. v. Wortman, 486 U.S. 717, 723 (1988); Testa v. Katt, 330 U.S. 386, 392 (1947); Schaffer v. Leimberg, 318 Mass. 396, 399 (1945).
discussed Cited as authority (rule) United States v. George Lynch and Christopher Moscinski
2d Cir. · 1996 · confidence medium
For better or worse, as the case may be, these texts do not control our decision in this case: "the Constitution and the laws passed pursuant to it are the supreme laws of the land, binding alike upon states, courts, and the people." Testa v. Katt, 330 U.S. 386, 391 (1946).
cited Cited as authority (rule) Arlans Agency, Inc., in No. 93-2395, in No. 94-1079 v. Dykema Gossett, in No. 93-2395, in No. 94-1079
6th Cir. · 1995 · confidence medium
Testa v. Katt, 330 U.S. 386, 394 (1947).
cited Cited as authority (rule) State ex rel. Utilities Commission v. North Carolina Power
N.C. · 1994 · confidence medium
Ed. 2d at 547 (quoting Testa v. Katt, 330 U.S. 386, 392-93 , 91 L.
cited Cited as authority (rule) Samuel v. Stevedoring Services of America
Cal. Ct. App. · 1994 · confidence medium
(Testa v. Katt (1947) 330 U.S. 386, 392-394 [ 91 L.Ed. 967, 971-972 , 67 S.Ct. 810 , 172 A.L.R. 225 ]; McKnett v. St.
examined Cited as authority (rule) New York v. United States (4×) also: Cited "see"
SCOTUS · 1992 · confidence medium
The Court has upheld congressional statutes that impose clear directives on state officials, including those enacted pursuant to the Extradition Clause, see, e. g., Puerto Rico v. Branstad, 483 U. S. 219, 227-228 (1987), the post-Civil War Amendments, see, e. g., South Carolina v. Katzenbach, 383 U. S. 301, 319-320, 334-335 (1966), as well as congressional statutes that require state courts to hear certain actions, see, e. g., Testa v. Katt, 330 U. S. 386, 392-394 (1947). [1] The Tenth Amendment provides: "The powers not delegated to the United States by the Constitution, nor prohibited by it …
discussed Cited as authority (rule) Wilhelm v. Gray (2×)
Okla. · 1989 · confidence medium
See also Aldisert, "Judicial Expansion of Federal Jurisdiction: A Federal Judge's Thoughts on Section 1983, Comity and the Federal Caseload," Law and Social Orders, 557, 572 (1973). [15] Testa v. Katt, 330 U.S. 386, 393 , 67 S.Ct. 810, 814 , 91 L.Ed. 967, 969 , 172 A.L.R. 225, 230 (1947). [16] The U.S. Const. Art VI, cl. 2 provides: "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 bou…
discussed Cited as authority (rule) Burrell v. Mississippi State Tax Com'n
Miss. · 1988 · confidence medium
Co., 223 U.S. 1, 55-58 , 32 S.Ct. 169, 177-78 , 56 L.Ed. 327, 348-49 (1912); Testa v. Katt, 330 U.S. 386, 389-91 , 67 S.Ct. 810, 812-13 , 91 L.Ed. 967, 970-71 (1947); Charles Dowd Box Co. v. Courtney, 368 U.S. 502, 507 , 82 S.Ct. 519, 527 , 7 L.Ed.2d 483, 487 (1962).
discussed Cited as authority (rule) Vest v. Schafer
Alaska · 1988 · signal: cf. · confidence medium
Cf. Testa v. Katt, 330 U.S. 386, 389-91 , 67 S.Ct. 810, 812-13 , 91 L.Ed. 967, 969-70 (1947) (state courts must enforce federal Emergency Price Control Act, in which Congress provided that wronged buyers may sue seller in any court of competent jurisdiction).
discussed Cited as authority (rule) Marx v. Truck Renting & Leasing Ass'n (2×)
Miss. · 1987 · confidence medium
Testa v. Katt, 330 U.S. 386, 388-389 , 67 S.Ct. 810, 811-12 , 91 L.Ed. 967, 970-71 (1947).
examined Cited as authority (rule) Federal Energy Regulatory Commission v. Mississippi (4×) also: Cited "see"
SCOTUS · 1982 · confidence medium
That opinion limited its holding to circumstances under which the state court has “jurisdiction adequate and appropriate under established local law to adjudicate this [federal] action.” Id., at 394 (emphasis added).
discussed Cited as authority (rule) Cooper v. Hutchinson Police Department
Kan. Ct. App. · 1981 · confidence medium
That exercise of jurisdiction appears to be consistent with the general ride that where ‘ “an act of Congress gives a penalty to a party aggrieved, without specifying a remedy for its enforcement, there is no reason why it should not be enforced, if not provided otherwise by some act of Congress, by a proper action in a State court.’ ” Testa v. Katt, 330 U.S. 386, 391 [ 91 L.Ed. 967 , 67 S.Ct. 810 (1947)], quoting Claflin v. Houseman, 93 U.S. 130, 137 [ 23 L.Ed. 833 (1876)].
cited Cited as authority (rule) E. A. v. State
Alaska · 1981 · confidence medium
Testa v. Katt, 330 U.S. 386, 390-94 , 67 S.Ct. 810, 812-14 , 91 L.Ed. 967, 970-72 (1947); Mondou v. New York, New Haven & Hartford Ry.
Retrieving the full opinion text from the archive…
TESTA Et Al.
v.
KATT
431.
Supreme Court of the United States.
Mar 10, 1947.
330 U.S. 386
Acting Solicitor General Washington argued the cause for petitioner. With him on the brief were Frederick Bernays Wiener, J. Raymond Dubee, William E. Remy, David London, Samuel Mermin and Albert J. Rosenthal., Paul M. Segal argued the cause for respondent. With him on the brief were Henry G. Fischer, Bernard A. Helf at, Irving R. Panzer and John W. Willis.
Black.
Cited by 478 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: #48,539 of 633,719
Citer courts: Fourth Circuit (3) · Federal Circuit (3) · S.D. New York (3)
Mr. Justice Black

delivered the opinion of the Court.

Section 205 (e) [1] of the Emergency Price Control Act provides that a buyer of goods at above the prescribed ceiling price may sue the seller “in any court of competent jurisdiction” for not more than three times the amount of the overcharge plus costs and a reasonable attorney’s fee. Section 205 (c) [2] provides that federal district courts shall have jurisdiction of such suits “concurrently with State and Territorial courts.” Such a suit under § 205 (e) must be brought “in the district or county in which the defendant resides or has a place of business . . . .”

The respondent was in the automobile business in Providence, Providence County, Rhode Island. In 1944 he sold an automobile to petitioner Testa, who also resides[*388] in Providence, for $1100, $210 above the ceiling price. The petitioner later filed this suit against respondent in the State District Court in Providence. Recovery was sought under § 205 (e). The court awarded a judgment of treble damages and costs to petitioner. On appeal to the State Superior Court, where the trial was de novo, the petitioner was again awarded judgment, but only for the amount of the overcharge plus attorney’s fees. Pending appeal from this judgment, the Price Administrator was allowed to intervene. On appeal, the State Supreme Court reversed, 71 R. I. 472, 47 A. 2d 312. It interpreted § 205 (e) to be “a penal statute in the international sense.” It held that an action for violation of § 205 (e) could not be maintained in the courts of that State. The State Supreme Court rested its holding on its earlier decision in Robinson v. Norato, 71 R. I. 256, 43 A. 2d 467 (1945) in which it had reasoned that: A state need not enforce the penal laws of a government which is foreign in the international sense; § 205 (e) is treated by Rhode Island as penal in that sense; the United States is “foreign” to the State in the “private international” as distinguished from the “public international” sense; hence Rhode Island courts, though their jurisdiction is adequate to enforce similar Rhode Island “penal” statutes, need not enforce § 205 (e). Whether state courts may decline to enforce federal laws on these grounds is a question of great importance. For this reason, and because the Rhode Island Supreme Court’s holding was alleged to conflict with this Court’s previous holding in Mondou v. New York, N. H. & H. R. Co., 223 U. S. 1, we granted certiorari. 329 U. S. 703. [3]

[*389] For the purposes of this case, we assume, without deciding, that § 205 (e) is a penal statute in the “public international,” “private international,” or any other sense. So far as the question of whether the Rhode Island courts properly declined to try this action, it makes no difference into which of these categories the Rhode Island court chose to place the statute which Congress has passed. For we cannot accept the basic premise on which the Rhode Island Supreme Court held that it has no more obligation to enforce a valid penal law of the United States than it has to enforce a penal law of another state or a foreign country. Such a broad assumption flies in the face of the fact that the States of the Union constitute a nation. It disregards the purpose and effect of Article VI of the Constitution which provides: “This Constitution, and the Laws of the United States which shall be 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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

It cannot be assumed, the supremacy clause considered, that the responsibilities of a state to enforce the laws of a sister state are identical with its responsibilities to enforce federal laws. Such an assumption represents an erroneous evaluation of the statutes of Congress and the prior decisions of this Court in their historic setting. Those decisions establish that state courts do not bear the same relation to the United States that they do to foreign countries. The first Congress that convened after the Constitution was adopted conferred jurisdiction upon the[*390] state courts to enforce important federal civil laws, [4] and succeeding Congresses conferred on the states jurisdiction over federal crimes and actions for penalties and forfeitures. [5]

Enforcement of federal laws by state courts did not go unchallenged. Violent public controversies existed throughout the first part of the Nineteenth Century until the 1860’s concerning the extent of the constitutional supremacy of the Federal Government. During that period there were instances in which this Court and state courts broadly questioned the power and duty of state courts to exercise their jurisdiction to enforce United States civil and penal statutes or the power of the Federal Government to require them to do so. [6] But after the fundamental issues over the extent of federal supremacy had been resolved by war, this Court took occasion in 1876 to review the phase of the controversy concerning the relationship of state courts to the Federal Government. Claflin v. Houseman, 93 U. S. 130. The opinion of a unanimous court in that case was strongly buttressed by historic references and persuasive reasoning. It repudi[*391] ated the assumption that federal laws can be considered by the states as though they were laws emanating from a foreign sovereign. Its teaching is that the Constitution and the laws passed pursuant to it are the supreme laws of the land, binding alike upon states, courts, and the people, “any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” [7] It asserted that the obligation of states to enforce these federal laws is not lessened by reason of the form in which they are cast or the remedy which they provide. And the Court stated that “If an act of Congress gives a penalty to a party aggrieved, without specifying a remedy for its enforcement, there is no reason why it should not be enforced, if not provided otherwise by some act of Congress, by a proper action in a State court.” Id. at 137. And see United States v. Bank of New York, 296 U. S. 463, 479.

The Claflin opinion thus answered most of the arguments theretofore advanced against the power and duty of state courts to enforce federal penal laws. And since that decision, the remaining areas of doubt have been steadily narrowed. [8] There have been statements in cases concerned with the obligation of states to give full faith and credit to the proceedings of sister states which suggested a theory contrary to that pronounced in the Claflin opinion. [9] But when in Mondou v. New York, N. H. & H. R. Co., 223 U. S. 1, this Court was presented with a case[*392] testing the power and duty of states to enforce federal laws, it found the solution in the broad principles announced in the Claflin opinion.

The precise question in the Mondou case was whether rights arising under the Federal Employers’ Liability Act, 36 Stat. 291, could “be enforced, as of right, in the courts of the States when their jurisdiction, as fixed by local laws, is adequate to the occasion . , .” Id. at 46. The Supreme Court of Connecticut had decided that they could not. Except for the penalty feature, the factors it considered and its reasoning were strikingly similar to that on which the Rhode Island Supreme Court declined to enforce the federal law here involved. But this Court held that the Connecticut court could not decline to entertain the action. The contention that enforcement of the congressionally created right was contrary to Connecticut policy was answered as follows:

“The suggestion that the act of Congress is not in harmony with the policy of the State, and therefore that the courts of the State are free to decline jurisdiction, is quite inadmissible, because it presupposes what in legal contemplation does not exist. When Congress, in the exertion of the power confided to it by the Constitution, adopted that act, it spoke for all the people and all the States, and thereby established a policy for all. That policy is as much the policy of Connecticut as if the act had emanated from its own legislature, and should be respected accordingly in the courts of the State.” Mondou v. New York, N. H. & H. R. Co., supra at 57.

So here, the fact that Rhode Island has an established policy against enforcement by its courts of statutes of other states and the United States which it deems penal, cannot be accepted as a “valid excuse.” Cf. Douglas v.[*393] New York, N. H. & H. R. Co., 279 U. S. 377, 388. [10] For the policy of the federal Act is the prevailing policy in every state. Thus, in a case which chiefly relied upon the Claflin and Mondou precedents, this Court stated that a state court cannot “refuse to enforce the right arising from the law of the United States because of conceptions of impolicy or want of wisdom on the part of Congress in having called into play its lawful powers.” Minneapolis & St. L. R. Co. v. Bombolis, 241 U. S. 211, 222.

The Rhode Island court in its Robinson decision, on which it relies, cites cases of this Court which have held that states are not required by the full faith and credit clause of the Constitution to enforce judgments of the courts of other states based on claims arising out, of penal statutes. [11] But those holdings have no relevance here, for this case raises no full faith and credit question. Nor need we consider in this case prior decisions to the effect that federal courts are not required to enforce state penal laws. Compare Wisconsin v. Pelican Ins. Co., 127 U. S. 265, with Massachusetts v. Missouri, 308 U. S. 1, 20.[*394] For whatever consideration they may be entitled to in the field in which they are relevant, those decisions did not bring before us our instant problem of the effect of the supremacy clause on the relation of federal laws to state courts. Our question concerns only the right of a state to deny enforcement to claims growing out of a valid federal law.

It is conceded that this same type of claim arising under Rhode Island law would be enforced by that State’s courts. Its courts have enforced claims for double damages growing out of the Fair Labor Standards Act. [12] Thus the Rhode Island courts have jurisdiction adequate and appropriate under established local law to adjudicate this action. [13] Under these circumstances the State courts are not free to refuse enforcement of petitioners’ claim. See McKnett v. St. Louis & S. F. R. Co., 292 U. S. 230; and compare Herb v. Pitcairn, 324 U. S. 117; 325 U. S. 77. The case is reversed and the cause is remanded for proceedings not inconsistent with this opinion.

Reversed.

1

“ (e) If any person selling a commodity violates a regulation, order, or price schedule prescribing a maximum price or maximum prices, the person who buys such commodity for use or consumption other than in the course of trade or business may, within one year from the date of the occurrence of the violation, except as hereinafter provided, bring an action against the seller on account of the overcharge. In such action, the seller shall be liable for reasonable attorney’s fees and costs as determined by the court, plus whichever of the following sums-is the greater: (1) Such amount not more than three times the amount of the overcharge, or the overcharges, upon which the action is based as the court in its discretion may determine, or (2) an amount not less than $25 nor more than $50, as the court in its discretion may determine: .... Any action under this subsection by either the buyer or the Administrator, as the case may be, may be brought in any court of competent jurisdiction. . . .” 56 Stat. 34 as amended, 58 Stat. 632, 640, 50 U. S. C. App., Supp. V, § 925 (e).

2

“The district courts shall have jurisdiction of criminal proceedings . . . and, concurrently with State and Territorial courts, of all other proceedings under section 205 of this Act. . . .” 56 Stat. 32, as amended, 58 Stat. 632, 640, 50 U. S. C. App., Supp. V, § 925 (c).

3

Pursuant to Rhode Island practice, the State Supreme Court remitted the case and the record to the Superior Court. That court then entered judgment in accordance with the Supreme Court’s[*389] opinion. It is the judgment of the Superior Court which petitioner asked us to review on certiorari. See Joslin Co. v. Providence, 262 U. S. 668, 673.

4

Judiciary Act of 1789, 1 Stat. 73, 77 (suits by aliens for torts committed in violation of federal laws and treaties; suits by the United States).

5

1 Stat. 376, 378 (1794) (fines, forfeitures and penalties for violation of the License Tax on Wines and Spirits); 1 Stat. 373, 375 (1794) (the Carriage Tax Act); 1 Stat. 452 (1796) (penalty for purchasing guns from Indians); 1 Stat. 733, 740 (1799) (criminal and civil actions for violation of the postal laws). See Warren, Federal Criminal Laws and the State Courts, 38 Harv. L. Rev. 545; Barnett, The Delegation of Federal Jurisdiction to State Courts, 3 Selected Essays on Constitutional Law 1202 (1938).

6

See e. g., Martin v. Hunter’s Lessee, 1 Wheat. 304, 334-337; United States v. Bailey, 9 Pet. 238, 259-260; Prigg v. Pennsylvania, 16 Pet. 539, 615; Fox v. Ohio, 5 How. 410, 438; United States v. Lathrop, 17 Johns. (N. Y.) 4 (1819). See also Warren, supra, 580-584.

7

U. S. Const. Art. VI. See also Ex parte Siebold, 100 U. S. 371, 392-394.

8

Tennessee v. Davis, 100 U. S. 257; Mondou v. New York, N. H. & H. R. Co., 223 U. S. 1; Minneapolis & St. L. R. Co. v. Bombolis, 241 U. S. 211; McKnett v. St. Louis & S. F. R. Co., 292 U. S. 230; Baltimore & O. R. R. v. Kepner, 314 U. S. 44; Miles v. Illinois C. R. Co., 315 U. S. 698; Herb v. Pitcairn, 324 U. S. 117, 121-123; 325 U. S. 77.

9

See n. 10, infra.

10

It has been observed that the historic origin of the concept first expressed in this country by Chief Justice Marshall in The Antelope, 10 Wheat. 66, 123, that “The courts of no country execute the penal laws of another . . .” lies in an earlier English case, Folliott v. Ogden, 1 H. Bl. 124 (1789), aff’d., Ogden v. Folliott, 3 T. R. 726 (1790), 4 Bro. P. C. 111. In that case the English courts refused to enforce an American Revolutionary statute confiscating property of loyal British subjects on the ground that English courts must refuse to enforce such penal statutes of a foreign enemy. It has been observed of this case that “of course they could as well have spoken of local public policy, and have reached the same result as surely.” Leflar, Extrastate Enforcement of Penal and Governmental Claims, 46 Harv. L. Rev. 193, 195 (1932). See Griffin v. McCoach, 313 U. S. 498; cf. Hines v. Lowrey, 305 U. S. 85.

11

See e. g., Huntington v. Attrill, 146 U. S. 657; Anglo-American Provision Co. v. Davis Provision Co. No. 1, 191 U. S. 373; Kenney v. Supreme Lodge, 252 U. S. 411.

12

Newman v. Geo. A. Fuller Co., 72 R. I. 113, 48 A. 2d 345.

13

Gen. Laws R. I. (1938) c. 500, § 28; c. 525, § 7; c. 631, § 4.