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Federal. The dual government is set up in such a way that if federal and state are in conflict, federal trumps. The order is as follows:
Federal constitution
Federal statute
Federal case law
Federal regulations and administrative law
State constitution
State statute
State case law
State regulations and administrative law
Wiki User
∙ 12y ago
Wiki User
∙ 11y agostate constitution
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What law takes priority if a state constitution amendment conflicts with the US Constitution?
The U.S. constitution takes priority as set forth in the Supremacy Clause (Art. VI, Cl. 2):"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, anything in the Constitution or laws of any State to the contrary notwithstanding."
What percentage of the Congress and of the state conventions is needed to ratify and amend the Constitution of the US?
The Amendment process is the formal way to change the Constitution. An amendment may be proposed by two-thirds vote of both houses of Congress or by a convention called by Congress at the request of two-thirds of the state legislatures. Ratification of an amendment takes three-fourths of the states to approve.
How is the US Constitution usually amended?
The Amendment process is the formal way to change the Constitution. An amendment may be proposed by two-thirds vote of both houses of Congress (the usual method) or by a convention called by Congress at the request of two-thirds of the state legislatures. Ratification of an amendment takes three-fourths of the states to approve.
How many states must approve an amendments before it takes effects?
13 colonies/states have to sign/ratify the Constitution.
When does an amendment become part of the US Constitution?
The President of the United States plays absolutely no role in ratifying the Constitution. It takes two-thirds of the Senate and two-thirds of the House of Representatives to propose an amendment. After a proposal is obtained, three-fourths of the States must ratify the amendment in order for it to become part of the Constitution. Our Constitution was deliberately setup so that changing it was near impossible. The Constitution was set up by our forefathers in order to change it if needed to, not to be a tyrannical form of government that they had recently escaped. Also keep in mind that checks and balances allow our government to limit the other branches as well as influence each other, as the judicial branch can deem anything unconstitutional and the executive branch can veto bills. If the need is great the Constitution was deliberately set up to change with time.
In the following situations which source of law takes priority and why A common-law decision in one state conflicts with the US Constitution.?
The US Constitution takes priority over a common-law decision in one state because it is the supreme law of the land. Any state law or decision that is in conflict with the US Constitution is considered unconstitutional and therefore invalid. Federal law, including the Constitution, supersedes state law in such cases to ensure consistency and adherence to constitutional principles.
What law takes priority if a state constitution amendment conflicts with the US Constitution?
The U.S. constitution takes priority as set forth in the Supremacy Clause (Art. VI, Cl. 2):"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, anything in the Constitution or laws of any State to the contrary notwithstanding."
Which sources of law take priority in the following situation and why?
In most legal systems, constitutional law takes priority over statutory law, which in turn takes priority over administrative regulations. Constitutional law is the supreme law of the land, setting the framework for all other laws to follow. Statutory law is created by legislative bodies and holds authority over administrative regulations, which are rules established by executive agencies to enforce statutory laws.
Which takes priority: state or federal labor law posters?
Oddly enough-- there is no priority. It is a crime not to post them both, even if they have conflicting information. And, an employer can be held to have violated the law if they break a contradictory rule.
Which view in jat3 takes the top priority?
the Jat3 takes the top priority as joomla's default. It takes the default values of joomla. but i am not sure, why you asking such question which have no mean of.
What does the US Constitution takes precedence over?
The U.S. Constitution takes precedence over, in order of hierarchy, federal statutory law, a state constitution, state statutory law, a local ordinance, administrative rules and rulings, and common law. It is the "Law of the Land." It is worth knowing that the Constitution does not take precedence of the Articles of Confederation where the Treasury was created, therefor the Treasury (IRS) is not bound to the limits of the Constitution nor are its Treasury agents.
How long does it take priority mail to ship from California to Virginia?
Priority mail takes 2-3 days.
How long does priority mail take from Arizona to Ohio?
Domestic priority mail takes 2-3 days.
Do federal statutes take precedence over the US Constitution?
a) Discuss whether or not Gerrit has committed any torts. You must e specific and support your answers. Yes, he has committed tort because he grabbed something that did not belong to him. b) If the mechanics had thrown Gerrit off the property, would ABC be guilty of assault and battery? Explain your answer. Yes, if the mechanics had thrown him off, ABC would be guilty of assault, just by throwing him off the property, they will be committing both assault and battery, even if he did not got hurt either physical or mentally
How long does priority mail take to get from ft Myers to Tampa fl?
Priority mail takes two days to get from Ft. Myers to Tampa Florida. Priority mail should be included in a priority mail envelope or used with priority mail tape.
How long does it take to ship priority mail from NJ to PA?
Priority Mail takes 2 days no matter what on the east coast. Actually it takes 2 days I believe anywhere in U.S.
What is the USPS priority mail transit time from California to Missouri?
Priority mail takes 2 - 3 days within the US.
