What kind of incident are you talking about that would not be covered by a state but would be covered by a federal law? In this Country, there are three levels of government, local, state, and Federal. Each can have its smaller units. A law or regulation can come from any level. Some people get confused by the difference. Sometimes people violate an administrative regulation. It is illegal to violate an administrative regulation. Since every administrative regulation is not the law books, they are not laws.
Such examples are school boards and library boards. A library board makes rules for the library operation with the assistance of the librarian. The librarian has an advanced degree and an understanding of library operations. One of the rules requires that people return their books or pay for them. One man refused to return his books or pay for them. He went to prison.
Schools have their own regulations. They have the force of law. The legislature does not need to approve every decision the school board makes. Still, no parent is allowed to walk on school grounds and demand that the school do things in a different way. That parent is operating illegally and violating state law. All sorts of stuff is covered by administrative law. It is not in the law books.
Other actions are covered by local ordinances.
Most casinos are governed under state law. However, the casinos on Native American land are also covered under Federal law.
Not in ANY state. Covered by Federal law.
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.
Federal law takes precedence over state 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.
federal law preempts state regulations when a federal law regulates that particular subject.
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
State law cannot contradict federal law because the Constitution states that federal law has power over state law.
Federal supremacy establishes that federal law supercedes all state and local law. Federal supremacy establishes that federal law supercedes all state and local 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.
A federal law wins.
State law