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Federal law comes first and then state law as said in the constitution.
Wiki User
∙ 15y ago
Wiki User
∙ 14y agoThe US Constitution states that Federal law is always supreme to the laws of the states.
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Are state supreme courts the only courts that can nullify state laws?
No. The US Supreme Court can nullify a challenged state law if it conflicts with the federal Constitution.
What law is supreme state or federal?
The US constitution is the supreme law of the land. Following that, Federal law is supreme (or controlling).
What does the supreme clause do when the state law conflicts with the federal law?
Assuming that the federal law can be said to have a reasonable connection to the Article I, Section 8 Powers given to Congress, the federal law will supersede the state law and render the state law non-operative. If the federal law is not said to have a reasonable connection to the Article I, Section 8 Powers, it is rendered unconstitutional and the state law prevails.
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.
What happens in the federal system if a state law conflicts with a national law?
The federal law overrides the state law. The federal government is the "supreme law of the land," meaning that whatever it says goes. For example, a state can pass a law stating that everything has to wear blue jeans on Tuesday. However if the federal government passes a law that everyone has to wear red pants on Tuesday, then everyone in that state and the rest of the country has to wear red pants on Tuesday.
What constitutional clause is used to determine if a state law conflicts with federal law?
In the US Constitution, the Article VI, Section 2, Supremacy Clause declares federal law supersedes state law if the two are in conflict, but it's inaccurate to say the "clause is used to determine if a state law conflicts with federal law." Any part of the Constitution that provides guidelines for a specific law, and applies equally to the state and federal government, may be used to make that determination; the Supremacy Clause simply states if a state law conflicts with federal law, the federal law prevails.
What is the Constltution?
The U.S. Constitution is the supreme law of the land. In fact, Article VI is referred to as The Supremacy Clause; it states that federal law takes presidence over state law when conflicts between the two occur.
Is pot legal in the us?
No. The Cannabis Sativa plant is illegal by federal law in the U.S. Several states have decriminalized marijuana for medicinal purposes and the state of California currently has a bill that pending that, if approved, would legalize marijuana in the state. This however, conflicts with current federal law which overrules state law as decided by the Supreme Court.
If California law says yes can Federal law say no?
While not a US citizen, It is my understanding that where federal law has jurisdiction, it is supreme, state law would need to change to meet the federal requirements. Yes, the Federal Law trumps the state law.
When state law directly conflicts with a federal law it is rendered invalid under?
The Supremacy Clause. Someone else said: Preemption Clause of the Constitution makes the federal law trump state law but it does not necessarily render the state law invalid unless following state law would violate the federal law.
What happens in a federal system if a state laws conflicts with a national law?
you do caca in your pants
How does the article VI of the constitution resolve possible conflicts between state law and federal laws?
The state laws are overruled by the Federal Laws.
