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If a state law conflicts with a federal law which law will prevail?
Wiki User
∙ 12y ago
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.
Wiki User
∙ 9y ago
Wiki User
∙ 12y agoState Law represents a state. Federal Law is central government and represents the union. (All states) The Constitution is the highest form of law in the USA, and federal law enforces the constitution. Therefore, Federal Law would prevail at anytime against any state laws. It's like a regular Criminal Court going up against The Supreme Court.
Wiki User
∙ 7y agoThe supremacy clause in Article VI of the US Constitution declares that Federal Laws have jurisdictional authority over state laws in the event there is conflict between laws established by two governing bodies.
Wiki User
∙ 13y agoWhen there is a conflict between state law and federal law, federal law takes precedence according to the U. S. Constitution!!
Wiki User
∙ 11y agosupremacy clause
Wiki User
∙ 12y agoThe Constitution
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When there is a direct conflict between a federal law and a state law does the federal law prevail?
true
Why does federal law prevail over state laws?
Federal Laws prevail over state laws because of the supremacy clause listed in the constitution. The Supremacy clause states that the constitution is the supreme law of the land. Therefore, federal laws are greater than state laws.
If state law conflicts with federal law which law is supreme?
Federal law comes first and then state law as said in the constitution.
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 happens in a federal system if a state laws conflicts with a national law?
you do caca in your pants
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.
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.
What constitutional clause is used to determine if a state law conflicts with federal law and is therefore invalid?
supremacy clause
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.
How does the supremacy clause limit state power?
If the state law conflicts with the constitution or federal laws it'll get thrown out.
What happens when a states law conflicts with a federal?
Federal law prevails.
How does article VI of the constitution resolve conflicts between state laws and federal laws?
federal laws take precedence over state laws. Why you all up in my grill? homey g dog yo!
