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Only when a state tries to use a power specifically defined for the federal government under the constitution
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∙ 13y ago
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If a state law and a federal law give different rules about the same thing which law is supreme?
Federal law will always over-ride state law, which is synonymous to felony law will always over-ride misdameanor
Do federal law supersede state laws And when?
Federal laws over-ride any conflicting state or local ordinances.
Does Pennsylvania allow silencers for firearms?
No. Silencers are against federal law, so no state law can over ride it. ------ Actually, that is incorrect. Suppressors (silencers) are quite legal in the US. Federal law restricts them, but does not prohibit them. The federal requirements are not difficult to meet. Checking PA state law it appears that suppressors are also quite legal in that state so long as you comply with the federal requirements.
When a state calls a federal law invalid?
State law can be more detailed than federal law, but cannot conflict with federal law. Therefore, a state law cannot determine that a federal law is invalid. The state would have to, instead challenge the federal law as an unconstitutional intrusion on state rights.
Is federal or state the highest law?
Federal law takes precedence over state law.
What is the different between a state law and a federal law?
A state law is created by the state and only pertains to that single state. A federal law is created by the national government and is enforced throughout the whole nation. Federal law overrides state law.
Does federal law preempt state regulation?
federal law preempts state regulations when a federal law regulates that particular subject.
What takes priority State Constitution or State Regulations?
Federal. The dual government is set up in such a way that if federal and state are in conflict, federal trumps. The order is as follows: Federal constitution Federal statute Federal case law Federal regulations and administrative law State constitution State statute State case law State regulations and administrative law
Why the state system can't contradict the federal system?
State law cannot contradict federal law because the Constitution states that federal law has power over state law.
What does federal supremacy mean?
Federal supremacy establishes that federal law supercedes all state and local law. Federal supremacy establishes that federal law supercedes all state and local law.
What happens when a state law conflicts with federal law?
If the state law is stricter/harsher/more limiting, state law takes precedence. If the the state law is more lax/unrestricted, federal law takes precedence.
Who wins state law v federal law?
A federal law wins.
