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If a state constitution and the US Constitution conflict which one prevails?
Wiki User
∙ 12y ago
Always the US Constitution. The USC was developed before any state laws or state constitutions and in all court hearing you plead your case the United States Supreme court. States are allowed to interpret laws, though the US Supreme Court may overturn a decision. Once a law is formed all states must abide. That is why there was such turmoil when George Bush tried to ban Gay marriage. If he were successful they no state would hve the right to perform or recognize gay marriage. That being said if there is no law, a state does have the option to create and inforce laws to help keep it's citizens safe.
Wiki User
∙ 14y ago
Wiki User
∙ 12y agoThe US Constitution
U.S. Constitution, Article VI, Clause 2:
"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, anything in the constitution or laws of any state to the contrary notwithstanding."
This is called the Supremacy Clause. The supremacy of the U.S. Constitution is explicitly prescribed. Also prescribed explicitly is the supremacy of the U.S. Constitution over State Constitutions--but only as to State Constitution provisions that conflict with those of the U.S. Constitution.
Derived from the Supremacy Clause are the Constitutional doctrines of federal preemption. Federal preemption is where the U.S. Congress is able to legislate in a field of law to the complete or partial exclusion of State law. Federal preemption is a broadly-based theory that both recognizes the limited sovereignty of the federal government as prescribed in the U.S. Constitution, and the supremacy of its laws.
Wiki User
∙ 6y agoThe U.S Constitution is the law of the land, and no person or document holds authority over it.
If a State Constitution were to conflict with the Federal Constitution, then the State Constitution (or at least the conflicting piece of it) would be declared unconstitutional (or illegal), and the state would be obligated to fix it.
The US Constitution prevails over state constitutions as it is the supreme law of the land. Any conflicting provisions in state constitutions are rendered invalid.
Wiki User
∙ 14y ago"http://wiki.answers.com/Q/What_happens_If_a_provision_in_the_florida_state_constitution_conflicts_with_a_provision_in_the_US_constitution"
Wiki User
∙ 13y agoThen the state constitutional amendment is void. Nothing can conflict with the US constitution.
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Can a State agency regulations take precedence over conflicting federal agency regulations?
No, federal law prevails over conflicting state regulations due to the Supremacy Clause of the U.S. Constitution. State regulations that conflict with federal regulations are considered preempted and are generally not enforceable.
In the following situations which source of law takes priority and why A common-law decision in one state conflicts with the US Constitution.?
The US Constitution takes priority over a common-law decision in one state because it is the supreme law of the land. Any state law or decision that is in conflict with the US Constitution is considered unconstitutional and therefore invalid. Federal law, including the Constitution, supersedes state law in such cases to ensure consistency and adherence to constitutional principles.
What scenario is avoided because the constitution contains the supemacy clause?
b.) A state passes a law that contradicts the nineteenth amendment. EXPLANATION: Just took the quiz on APEX (honors gov quiz 2.2.3)
What was the purpose of the 1970 Illinois constitution?
The people of the state of Illinois, through the Illinois Constitution of 1970, created a governmental structure to manage the public activities of the state. The primary purpose of the constitution is to transfer governing power from the people to the government.
Did the wyandotte constitution allow slavery or ban it?
The Wyandotte Constitution, adopted in 1859 for the state of Kansas, prohibited slavery. It explicitly stated that slavery would not be allowed in the state.
Which prevails state law or Constitutional law?
The Constitution.
In McCullough v Maryland the supreme court ruled that when state and federal powers conflict the federal power prevails illustrating what clause of the constitution?
supremacy clause
3 According to article VI of the US Constitution what would happen should there be a conflict between the US Constitution and the state constitution?
The U.S. Constitution trumps any conflicts with state constitutions.
What does the low protect?
every state constitution cannot permit laws that federal constitution does not allow.for example a state constitution cannot permit a low against freedom of speech because this conflict with constitution by the government
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
Which documents state the powers and duties of the us government?
State constitutions.
What state has a nickname called The Constitution State?
Connecticut is the Constitution State.
Which was the first and last state to ratify the US Constitution?
Ratification of the Constitution by the State of Connecticut; January 8, 1788Ratification of the Constitution by the State of Delaware; December 7, 1787Ratification of the Constitution by the State of Georgia; January 2, 1788Ratification of the Constitution by the State of Maryland; April 28, 1788.Ratification of the Constitution by the State of Massachusetts; February 6, 1788Ratification of the Constitution by the State of New Hampshire; June 21, 1788Ratification of the Constitution by the State of New Jersey; December 18, 1787Ratification of the Constitution by the State of New York; July 26, 1788Ratification of the Constitution by the State of North Carolina; November 21, 1789Ratification of the Constitution by the State of Pennsylvania; December 12, 1787Ratification of the Constitution by the State of Rhode Island; May 29, 1790.Ratification of the Constitution by the State of South Carolina; May 23, 1788.Ratification of the Constitution by the State of Virginia; June 26, 1788.
What state was the constitution made?
The state the Constitution was made is in Philadelphia.
Do state courts have to follow federal law governing arrest and search?
State courts must follow certain guidelines mandated by the U.S. Constitution as well as the constitution of the particular state in which the court is located and statutory criminal procedure of that state. In case of any conflict in the law, the U.S. Constitution and Bill of Rights is controlling.
Which order correctly shows the stages in the development of most state constitutions?
a. state constitution -> colonial charter -> colonial constitution b. state charter -> colonial charter -> colonial constitution c. state charter -> colonial constitution -> state constitution d. colonial charter -> colonial constitution -> state constitutio
Under what Constitution did kansas become a state?
The Wyandotte constitution became the Kansas State Constitution
