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If a law passed by a state is contrary to provisions of the US Constitution which law prevails?
Wiki User
∙ 14y ago
Under the Supremacy Clause of the U.S. Constitution, all state constitutions must comply with the U.S. constitution or they are null and void.
The Supremacy Clause is the "highest law" in our nation.
Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and laws made pursuant to the U.S. Constitution, shall be "the supreme law of the land." The text decrees these to be the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. (Note that the word "shall" is used, which makes it a necessity, a compulsion.)
Wiki User
∙ 7y ago
Wiki User
∙ 13y agoA judge having such a matter before him will likely stop the proceeding and in a separate process allow each side to offer up prior rulings, case law, the intention of the writer's) of the law, that it consistent with superior laws and the constitution of the state and the country. They would further argue the opposing sides does not meet the criteria; and/or the matter maybe turned over to a higher court for review and their decision.
Wiki User
∙ 15y agoThe Constitution because it is the "Supreme law of the Land."
Demetrius Pettway
Demetrius Pettway
Demetrius Pettway
Wiki User
∙ 9y agoThe law can be declared unconstitutional and would no longer be valid.
Wiki User
∙ 14y agoFederal law takes precedence over state laws. Both kinds of laws can be found unconstitutional in court.
Wiki User
∙ 9y agoThe US Constitution always takes precedence. Then the state's constitution is next in line.
Wiki User
∙ 15y agoThe US Constitution always has the last say.
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What does the US Constitution have to do with law in the US?
The US Constitution is the basis for all laws enacted in this country. No law may be passed that is contrary to any of the provisions of the Constitution.
If your state passed a law that conflicted with the US Constitution what would happen?
It could be declared null and void as being contrary to the United States Constitution.
1 Explain how judicial review works as a check against Congress?
If any law passed by the Congress is in violation of the Constitution, then the matter is put under the Judicial Review. This way the liberty and rights of the people are protected. This is guaranteed by the Constitution and no Congress can enact any low in violation of Constitution provisions.
When was the Constitution passed.?
17something
When was the first U.S Constitution passed?
The First US Constitution Was Passed in 1823. This is not the one one we follow though.
When was The US Constitution passed?
17something
Identify a constitutional amendment passed since 1960 that illustrates the Constitutions flexability?
The 25th amendment (1967) to the Constitution shows the Constitution's flexibility. When the Constitution was first drafted, it did not have any provisions for presidential disability or vacancy in the office of vice president. This amendment established a process whereby if the president becomes disabled, the vice president assumes the responsibilities of that office until the president can resume his duties.
Who had the right to vote after constitution was passed?
MEN
Was the health care bill passed?
Yes. The bill was passed and signed into law by President Obama. However many of the provisions of the bill will not be implemented for some time.
When did Illinois last constitution passed?
Dec 3,1970
Are most proposed amendments to the Constitution passed?
yes
What year was the Australian constitution established?
Commonwealth of Australia Constitution Act was passed by the British Parliament in 12900.
