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States cannot overrule laws of the federal government, because the Constitution states in Article VI that the Constitution and the laws of the United States and treaties made under authority of the United States shall be the supreme law of the land. Thus, state laws that conflict with Federal Laws are invalid. Never the less, there are instances when a state law may "conflict" with a federal law and still be constitutional. These are when federal law confers some type of benefit or protection like a mandatory minimum wage. If a state chooses to grant a higher minimum wage it may do so, because the federal law is setting a minimum standard, not a maximum standard. The federal minimum wage act does not say the states may not set higher minimums. It just prevents them from setting lower ones. In such a case, while it seems as though the state law is in conflict with the federal law, in fact, it is not.
Wiki User
∙ 15y ago
Wiki User
∙ 12y agoNo, 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 Federal law is superseded by the US Constitution.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 State law is certainly superceded by the US Constitution (that is, the Constitution is the supreme law of the land, and no law by any body can contravene it).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 sets out a federal system of government, where certain areas of jurisdiction are reserved for the states, and others for the federal government, it is entirely possible for a state law and a federal law to be in conflict. This conflict is resolved by the U.S. Federal Judiciary system (ultimately, the Supreme Court of the United States [SCOTUS]), with one of three outcomes:
- SCOTUS can declare that the federal government has the right to regulate that particular area, in which case, the state law is subordinate to any federal law passed in that area.
- SCOTUS can declare that the federal government is exceeding its Constitutional mandate, and the area in question actually is reserved for regulation by the states, in which case, the federal law is declared null and void.
- Finally, SCOTUS can "split the difference", and decide that for certain circumstances, the state law is to be applied, and in other cases, federal law supercedes state law. This is common when the area covers both inter-state and intra-state activities - in this case, the federal law applies when the activity occurs between parties in different states, while the state law applies when all parties are inside the same state.
Note that the federal system of the United States is quite unusual in modern governments - very, very few other countries have this particularly complex split of jurisdictional boundaries (Germany is perhaps one of the few). In the vast majority of countries, federal (i.e. national government) law alwayssupercedes that of lower-level governments.
Wiki User
∙ 13y agoNo. The Supremacy Clause (Art. VI, Cl. 2) makes federal law the supreme law of the land.
The text of the clause is:
"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 bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
Wiki User
∙ 11y agoNo, states do not have the right to overrule a law. Amendment 10 in the constitution says "the powers not delegated to the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." powers to the states are limited. This is not one of the rights the state government is allowed to have.
Wiki User
∙ 6y agoFederal law all ready supersede state law. Good example is the recent passage of laws making pot legal. The federal law states that pot is an illegal drug, but states have passed laws making it legal. The federal government can still arrest people for illegal use of pot. As a result cities are passing laws about the sale and growing of pot following federal laws, so making it illegal even though the state has it as legal. This means people using pot can still be arrested.
Wiki User
∙ 12y agoYes. Federal law comes before and above any other law until challenged and taken to the supreme court.
Wiki User
∙ 14y agoYes, if the law contradicts a federal law or is unconstitutional .
Wiki User
∙ 11y agoyes they can :)
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Why does federal law prevail over state laws?
Federal Laws prevail over state laws because of the supremacy clause listed in the constitution. The Supremacy clause states that the constitution is the supreme law of the land. Therefore, federal laws are greater than state laws.
Should the federal government be able to override state policies?
supremacy clause- federal law ranks supreme over state laws
If there is a conflict between national and state laws which is supreme?
The Constitution is considered the Supreme Law of the Land, and the national (Federal) government takes precedence over state governments, under Constitutional principles. This does not keep state governments from asserting states' rights, however, and not all Federal laws are enforced throughout the states.
Can the state Supreme Court over rule the federal Supreme Court?
No
Do federal law supersede state laws And when?
Federal laws over-ride any conflicting state or local ordinances.
Does the supreme court have jurisdiction over state or city or country?
Which supreme court?There is one Supreme Court of the United States that has appellate (appeals) jurisdiction over cases involving federal laws, treaties and the US Constitution. It hears federal question cases from both the state and federal court systems, but lacks jurisdiction over municipal (city) code, state laws or state constitutional issues unless they are in conflict with federal law or the US Constitution.The US Supreme Court also has original (trial) jurisdiction over disputes between the states.The 50 state supreme courts (or their equivalent; some are named differently) have jurisdiction over city and state laws and state constitutional questions, but some of these cases also involve federal law and US Constitutional issues that the states have authority to hear.Confusing enough? Your school probably wants you to say the US Supreme Court has jurisdiction over the country(United States), but the real answer isn't quite that simple.[Countries other than the United States have different jurisdictional guidelines.]For more information, see Related Questions, below.
What might happen if the Constitution allowed state laws to have supremacy over federal laws?
If the state laws had more power than federal laws the Constitution would have little to no power.
How does article VI of the constitution resolve conflicts between state laws and federal laws?
federal laws take precedence over state laws. Why you all up in my grill? homey g dog yo!
What law is more important state or national?
The Federal laws take precedance over any state laws.
What aspects of the Texas Constitution could be used to improve governance at the federal level?
None. State and federal law are separate laws. The federal is over the state law in all cases. That is why cases are heard in the Supreme Court to decide if a state law meets the requirements of the federal consitution. The constitution of the United States is the foundation for all government and law.
What is the difference between state felony offense and federal felony offense?
A State felony is from a law passed by the State legislature. A federal felony is from a law passed by the U.S. Congress. Federal laws take precedence over State laws.
What authority does the supreme court have over states?
The supreme court is the court of last resort in the federal legal system and federal courts can overrule state courts. The Supreme Courts also settles disputes between states,such as the location of state borders .
