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Do federal laws override state laws when the two are in conflict?
Wiki User
∙ 11y ago
This decision of 1842 seems pretty conclusive:
(see below link)
From the page:
"The ruling upheld the Supremacy Clause of the Constitution in which Federal Laws take precedence over state laws when regulating the same activity. The Commerce Clause of the Constitution is one major avenue for the national government to exercise its authority over states. From the 1930s New Deal era through the 1970s the federal government significantly grew by increasingly regulating many facets of life. By the 1980s states' rights proponents began to reverse the trend. Debates over federal controls continued into the late 1990s focused on proposed national health care reforms.
At the center of issues intensively debated by the founders of the United States was federalism, the distribution of power between the federal and state governments. Dispute over the degree of centralization of political power in the United States highlighted by debates between Alexander Hamilton and JamesMadison led to formation of the first political parties in the nation. As a result, the Supremacy Clause was written into Article IV of the Constitution providing the primary basis for the federal government's power over states. The article states the "acts of the Federal Government are operational as supreme law throughout the Union . . . enforceable in all courts of the land. Thestates have no power to impede, burden, or in any manner control the operation of" federal law."
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoThe supremacy clause of the U.S. Constitution allows federal law to override state law.
Article 6, Paragraph 2 of the US Constitution reads: "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."
Wiki User
∙ 11y agoArticle 6 paragraph 2 of the US Constitution, known as the "supremacy clause."
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Can the Utah Constitution override the Federal Ada laws in the united constitution?
no, federal laws always override state constitutions
In a federal government the states are more powerful than the national government?
No. Because of the tendency of the Supreme Court to rule in favor of the federal government as well as the "supremacy clause" (Federal Laws override state laws if there is a conflict) in the constitution, the federal government exercises more authority and overall power than state governments.
What might happen if a state could override a federal law?
If the state laws had more power than federal laws the Constitution would have little to no power.
In a federal system the states are more powerful than a national government?
No. Because of the tendency of the Supreme Court to rule in favor of the federal government as well as the "supremacy clause" (Federal Laws override state laws if there is a conflict) in the constitution, the federal government exercises more authority and overall power than state governments.
Are the States more powerful than the national government in a federal system?
No. Because of the tendency of the Supreme Court to rule in favor of the federal government as well as the "supremacy clause" (Federal Laws override state laws if there is a conflict) in the constitution, the federal government exercises more authority and overall power than state governments.
Should the federal government be able to override state policies?
supremacy clause- federal law ranks supreme over state laws
Does company policy override state laws?
Of course not. We have enough trouble maintaining reasonable laws throughout the land. We would have utter chaos if companies could override any state or federal law just by writing a policy. Local, state and federal laws always trump a company's policies.
Who wanted the federal government to have more power than the state governments?
They didn't the states have the choice to follow the federal's laws or override them
Supremacy Clause is?
when federal and state laws conflict, federal laws take precedence so long as they are judged to be constitutional
What can states do to federal laws?
A state can create laws that are stricter than federal law, as long as there is no conflict, or the Constitution specifically reserves the right to the Federal government.
What was confederacy and union fighting for?
Lots of things. It's complicated.Ultimately it all boils down to the question of "States' Rights", that is, does a state have the right to determine its own laws, or is it subject to the laws of the federal government? The answer turns out to be "yes and yes": a state may determine its own laws where those laws do not conflict with those of the federal government, but if there is a conflict, the federal laws "win".Even more specifically, the two rights that anyone actually cared about at the time were 1. The right to keep slavery legal and 2. The right to secede from the United States. The fight itself was over the Confederate states attempting to secede (#2), but the secession was caused by fears that the federal government would override state laws and outlaw slavery (#1).
What does the constitution say about which law shall predominate if there is any conflict between law?
The order to apply is: Federal Constitution Federal Statute Federal Case Law Federal Regulations State Constitution State Statute State Case Law State Regulations
