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The US Constitution is the supreme law of the land. Following that, Federal law is supreme (or controlling).
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∙ 13y ago
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If state law conflicts with federal law which law is supreme?
Federal law comes first and then state law as said in the constitution.
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.
How was nullification a threat to the union?
In the Constitution, it states that Federal law was supreme over State law. Therefore, the power for a state to nullify a federal law would go against the Constitution.
If a state law and a federal law give different rules about the same thing which law is supreme?
Federal law will always over-ride state law, which is synonymous to felony law will always over-ride misdameanor
Is federal law superior to the state law?
Yes, the federal law applies across all states. Further state and Federal Laws can not violate the constitution and it is the US supreme court that decides if they do and if so will strike them down.
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.
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.
Could a state nullify a law?
A state's legislature can nullify its own laws. A state cannot nullify a federal law, as the Constitution shall be "the supreme law of the land".
If there is a conflict between national and state laws which is supreme?
The Constitution is considered the Supreme Law of the Land, and the national (Federal) government takes precedence over state governments, under Constitutional principles. This does not keep state governments from asserting states' rights, however, and not all Federal laws are enforced throughout the states.
Should the federal government be able to override state policies?
supremacy clause- federal law ranks supreme over state laws
What do state supreme courts do?
Supreme courts in each state, like the U.S. Supreme Court at the federal level, interpret their state constitutions, statutes enacted by their state legislatures, and the body of state common law.
When a state rejects federal aw?
They really can't reject federal law. The federal law is over state law. Some states who have done this loose federal money and have been taken to court. The Supreme Court has ruled over several cases.
