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where there are two conflicting laws on the same issue,one ousting the court's jurisdiction and the other preserving the court's jurisdiction, the court is bound to uphold the later which preserves its jurisdiction.
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∙ 12y ago
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What is one purpose of the supremacy clause of the Constitution?
It makes sure that the relationship between state and federal laws are clear
What law does Antigone recognize as the supreme law in 'Antigone'?
It is divine law that Antigone recognizes as supreme law in "Antigone" by Sophocles (495 B.C.E. - 405 B.C.E.).Specifically, there are two sets of laws in the ancient city of Thebes. There is the set of changing laws specific to a certain king for sorting out the economics and politics of running the governmental apparatus. There also is the set of unchanging laws by which the gods organize the lives and deaths of Thebans.
What is the Difference between law and laws?
law is just one law but laws is two or more laws.
What branch declares if laws are fair?
No branch does this.The Judicial branch ... specifically the Supreme Court ... can rule on whether laws are compatible with the US Constitution or not, and overturn laws which are not (the US Constitution is "above the law" in that all laws passed by the Legislative branch and ratified by the Executive branch are strictly subordinate to it, and in any conflict between the two, the Constitution takes precedence), but this is only peripherally related to "fairness".
Did Chief Justice John Marshall insisted that federal laws were superior to state laws.?
Yes, in the sense that the Article VI, Supremacy Clause of the US Constitution holds the Constitution, federal law and US treaties take precedence over state laws when the two were in conflict.
If a state law conflicts with a federal law which law will prevail?
Answer The Supremacy Clause of the US Constitution states: Article. VI. "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." In other words, federal law ALWAYS takes precedence over state law in cases where they may be in conflict. While states may have minimum wage laws, their minimum wage laws may NOT have a minimum wage less than the federal minimum wage, only higher. If any company tried to pay wages less than the federal minimum, even if state law had a lower minimum, they could be found in violation of the federal law and held accountable.
which document is this from?
Bill of Rights by Supreme Court
How are laws made by Congress limited in their power?
The President has the power to prevent a bill from becoming law if less than two thirds of either house of Congress supports it, and the Supreme Court has the power to interpret federal laws.
What is the check that the SCOTUS has on the other two branches of government?
When Congress passes laws, they go through a period of judicial review where the Supreme Court can declare the law as unconstitutional and have it not pass. The Supreme Court can also declared executive orders unconstitutional as well.
Can the supreme court declare state laws?
No, only the President and the two houses can do that.
What are the two kinds of laws you have in australia?
Statute law and common law are the two types of laws in Australia. Statute law refers to the legislation passed in parliament. Upon approval by parliament, statute law becomes common law. Common law emanates from the judiciary, and they are laws passed by juries and judges.
What are congress the president and the supreme court?
Congress has two parts, they are the house of representatives and the senate. The president makes sure the laws are carried out. The supreme court makes sure the laws are fair.
