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Constitutional power comes into play in Justice Brandeis analysis b/c he says except for matters governed by the Federal Constitution or by Acts of Congress, the law to be applied in any case is the law of the State. This, I think, is to reinforce that the Constitution is a law which is
paramount, so if it speaks to a situation before a court it will govern without regard to contrary state law. If the source of a rule of federal law is the Constitution then the substance vs. procedural issue of Erie should not matter.