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Federal law can supersede state law when it legislates the same area. This happens when a person can't obey both the Federal and the state law at the same time. When this is the case, it is the Federal law that the person should obey.
Condo bylaws can be superseded by state or Federal Laws in the same manner. Further, state law can directly mandate how bylaws are written.
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∙ 12y ago
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What are Missouri laws on felons and guns?
Regardless of what the MO law states, the federal law prohibits felons from owning firearms, and this supersedes any state law which states anything to the contrary.
Can congress pass laws regarding marriage?
Yes they can, and they have. Some have been declared unconstitutional by the Supreme Court after being passed. In general, federal law supersedes state law.
If you are under 18 when leaving home in CT laws changed stating you have to be 18 and you go to another state will you be under your original states law or federal law?
Not positive what you are asking here. You are a minor in every state until 18. You are always under the law of the State you are in at any moment. Federal law supersedes State laws. You are always under Federal law first, the State you are in at the moment second. However, age restrictions are generally governed by state laws.
What is the Primary purpose of supremacy clause?
(Ensure that federal law always supersedes state law.)
Have provisions of the Bill of Rights been made binding upon the states?
The Bill of Rights covers all the United States and federal law supersedes state law.
Does extradition refers to when a federal law supersedes or overrides a similar state law?
NO, it is preemtion
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
Do state laws have an impact in federal courts?
Under some situations, a case involving a person from out of state can be tried in a Federal Court according to a state law. While state law never supersedes Federal law, a lawyer can bring up a case from state law that might have bearing on a Federal Case. The way the United States Supreme Court ruled on that state case would affect Federal Law and could influence the federal court.
Can you sell a condo unit in NYS without condo declaration being recorded?
No, in New York State, you cannot sell a condo unit without the condo declaration being recorded. The condo declaration is a legal document that establishes the rights and obligations of condo owners and is necessary for the sale of the unit to occur. Recording the declaration protects the rights and interests of all parties involved in the condo transaction.
Do city laws or ordinances take precedence over state laws?
Yes, the state law applies. It is really the other way around. There can only be county or city laws if they don't contradict what the state laws say. Federal law supercedes state, state supercedes county and county supercedes city.
If laws are different between states and the overall country laws which do you follow?
You would follow the laws of the State that you are in. The country's laws are there to govern the State, but the State is in control of their laws. There are not many State's that have a law that contradicts the National Law.
What is federal supremacy and preemption?
Federal supremacy and preemption refers to the idea that all state and local laws must not conflict with federal law. If there is a conflict, the federal law is considered the supreme law and it always supersedes the state or local law. An example would be if there was no state law prohibiting the dumping of toxic waste into a river, but there are federal laws prohibiting water pollution, then the federal law would take precedence and the dumping has to be stopped and the river has to be cleaned up. The only way to effectively overcome federal supremacy is to demonstrate that the federal law is in itself unconstitutional and therefore illegal. In that case, the federal law would be struck down by the court, and the state law would be the authority.
