Do federal laws override state laws when the two are in conflict?

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This decision of 1842 seems pretty conclusive:
(see below link)
From the page:
"The ruling upheld the Supremacy Clause of the Constitution in which federal laws take precedence over state laws when regulating the same activity. The Commerce Clause of the Constitution is one major avenue for the national government to exercise its authority over states. From the 1930s New Deal era through the 1970s the federal government significantly grew by increasingly regulating many facets of life. By the 1980s states' rights proponents began to reverse the trend. Debates over federal controls continued into the late 1990s focused on proposed national health care reforms.
At the center of issues intensively debated by the founders of the United States was federalism, the distribution of power between the federal and state governments. Dispute over the degree of centralization of political power in the United States highlighted by debates between Alexander Hamilton and JamesMadison led to formation of the first political parties in the nation. As a result, the Supremacy Clause was written into Article IV of the Constitution providing the primary basis for the federal government's power over states. The article states the "acts of the Federal Government are operational as supreme law throughout the Union . . . enforceable in all courts of the land. Thestates have no power to impede, burden, or in any manner control the operation of" federal law."
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If two laws conflict which law is supreme?

where there are two conflicting laws on the same issue,one ousting the court's jurisdiction and the other preserving the court's jurisdiction, the court is bound to uphold the later which preserves its jurisdiction.

If a state law and a federal law conflict - which law must be obeyed and why?

Simple answer the federal law always rules. This is because of the "Supremacy Clause" in the constitution (article VI, paragraph 2 U.S. Constitution). Many times, a specific situation will cause argument and debate due to the fact that the federal law in question is considered unconstitutional ( Full Answer )

If a law and a federal law conflict which law must obey why?

federal law must be obeyed because federal law fas jurisdiction over state laws. However, if a law in a state such as gay marriage is not especifically numbered in the constitution then state law must be obeyed.

When state and federal laws conflict why does federal law supersede state law?

The Supremacy Clause (Article VI, Clause 2) of the United States Constitution declares that federal laws are the "supreme Law of the Land." Hence, state court laws are inferior so long as the federal law is valid (constitutional). Given the split jurisdiction between federal and state sovereignty ( Full Answer )

What constitutional clause is used to determine if a state law conflicts with federal law?

In the US Constitution, the Article VI, Section 2, Supremacy Clause declares federal law supersedes state law if the two are in conflict, but it's inaccurate to say the "clause is used to determine if a state law conflicts with federal law." Any part of the Constitution that provides guideline ( Full Answer )

Can state law contradict federal law?

In the United States, federal law supercedes state law, so if something is illegal under federal law, it doesn't matter what the state says. However, if federal law doesn't say anything about it, then the state is free to impose whatever laws it wants.

Does state law supersede federal law?

No, federal law supersedes state laws. Federal law is superseded by the US Constitution. . Not in all cases. State law is certainly superceded by the US Constitution (that is, the Constitution is the supreme law of the land, and no law by any body can contravene it). However, as the Constitution se ( Full Answer )

Do county gun laws override state gun laws?

The first layer is federal gun laws. From there State laws can restrict gun laws more, but not make them more liberal. From there County laws/ordinances can restrict more so, but not make them more liberal. Above is correct, but with an exception- Many states have enacted "preemption" statutes, to ( Full Answer )

State laws that overrides federal laws?

no state law overrides federal law. this is so, according to the supremacy clause found in article VI, paragraph 2 of the federal constitution.

What do federal laws and state laws mean?

Federal laws are the Supreme laws of the land. If there is a conflict between the two, Federal law prevails. State laws may be in addition to Federal laws, such as for some crimes a person may be liable to punishment under both Federal and state laws, and punishing a person under both does not vi ( Full Answer )

Federal law or state law which is higher?

It can depend. One might say that Federal Law is supreme because it is applicable in all 50 states and all territories of the US. Whereas, state law is applicable only within the borders of that particular state. However, while federal and state law sometimes overlap one another ((i.e.: Bank robbe ( Full Answer )

If a state law and a federal law conflict-which law must be obeyed why?

Article VI- If a federal and a state law conflict, the federal government is supreme because of Article VI. During the 1960s many southern states practiced segregation, which violated the equal protection clause of the 14th Amendment. The federal government passed several laws and made new policies ( Full Answer )

Is the federal law the state law?

Not quite... federal law is federal law and is in addition to state law, except where there is a state and federal law that are virtually identical, in which case the federal law may "supersede" the state law -- this is the constitutional principle of federal "supremacy". On the other hand yes feder ( Full Answer )

Does state law override city law?

Federal law overrides State law. State law overrides County/Parish law. County/Parish law overrides City law. That's the general rule. However this may vary from jurisdiction to jurisdiction.

If a state law conflicts with a federal law which law will prevail?

State Law represents a state. Federal Law is central government and represents the union. (All states) The Constitution is the highest form of law in the USA, and federal law enforces the constitution. Therefore, Federal Law would prevail at anytime against any state laws. It's like a regular Crimin ( Full Answer )

Does federal law override city law?

yes it does The most restrictive law is the enforced law, unless a higher law forbids lower laws from being enacted. Example- Federal law says all socks will be red, white, or blue. STATE law says all socks will be red or blue. City law says all socks will be blue. Blue socks it is. City law says s ( Full Answer )

Are criminal laws state or federal?

Both the State and Federal governments have criminal laws. State crimes are usually prosecuted by county District Attorneys Offices or State Attorneys Offices. Federal crimes are prosecuted by the U.S. Attorney's Office.

Why is it important that state law not conflict with federal law?

Federal law exists to ensure certain interests that are important to the entire country are in place. There is no pragmatic way one set of laws could govern the entire country, so each State is allowed to enact laws that it deems fit to address its own needs. However, no State can be allowed to have ( Full Answer )

Is there conflict between Federal and CA state law regarding community property?

There is no real federal law on "community property" or any real ruling on it in federal courts. Community property does not break the threshold for the requirements of a federal case; generally speaking. It would require the gross usurpation of rights, under the pretense of a sexual discrimination ( Full Answer )

What does the constitution say about which law shall be superior if there is a conflict between the federal government and states?

Article 6 states very plainly that "This constitution and the laws made in pursuance thereof .... is the supreme law of the land..." Federal Courts have upheld this as early as 1803, to mean that the order of laws, from top to bottom are: The US Constitution, Federal Laws, State Constitutions, State ( Full Answer )

How does DOMA conflict with state and federal laws?

The 1996 Defense of Marriage Act ("DOMA") conflicts with state laws that permit same-sex marriage, civil unions or domestic partnerships inasmuch as DOMA permits other states to refuse to recognize them. DOMA does not conflict with federal law, as it is the only federal law to address this issue. ( Full Answer )

What allows federal laws to override state laws when the two are in conflict?

The supremacy clause of the U.S. Constitution allows federal law to override state law. Article 6, Paragraph 2 of the US Constitution reads: "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 A ( Full Answer )

Can state law trump federal law?

No, however if a group of states join alliances to trump federal law that can be done, because in our government people have the right to govern and a group of states is like a group of people.

Can Congress pass a law that overrides state law?

The short answer is yes, but before it can pass a law they have to have the authority to do so. Congress can only pass a law if the United States Constitution has expressly given that area to them to control or regulate. Recently Congress has taken an expansive view of the Commerce Clause to regulat ( Full Answer )

Who can override laws?

Congess can over ride a veto to pass a bill over the President's objections; requires a two-third vote in each Chamber.

Is littering a state law or a federal law?

Actually, you're not supposed to litter. Law pertaining to littering are usually local ordinances. There are no federal regulations about littering aimed at individuals (although there are some aimed at factories and other corporations.) And littering in a National Park is a Federal offense!

Does company policy override state laws?

Of course not. We have enough trouble maintaining reasonable laws throughout the land. We would have utter chaos if companies could override any state or federal law just by writing a policy. Local, state and federal laws always trump a company's policies.

What happens in federal system like that of the US if a state law conflicts with a national law?

The federal law overrides the state law. The federal government is the "supreme law of the land," meaning that whatever it says goes. For example, a state can pass a law stating that everything has to wear blue jeans on Tuesday. However if the federal government passes a law that everyone has to wea ( Full Answer )