If a state law and a federal law conflict - which law must be obeyed and why?

Answer 1

The Supremacy Clause (Article VI, Clause 2) of the United States Constitution declares that Federal Laws are the "supreme Law of the Land." Hence, state court laws are inferior so long as the federal law is valid (constitutional).

Given the split jurisdiction between federal and state sovereignty set up by the Constitution, one major point of contention is the 'in pursuance thereof' phrase in the Supremacy Clause. This means that it is not always possible to make a federal law in certain areas - that is, certain areas of law are reserved solely for the states to regulate, and any federal law in that area is unconstitutional. Defining this split of exclusive jurisdiction is the job of the Judicial Branch via interpretation of the Constitution, and has changed over time. In any case, the Constitution itself retains supremacy, so even if federal law is forbidden in certain areas, the Constitution itself always is supreme over any state law.

Example of federal law supremacy

An instance that comes to mind right away is when State laws violate a person's federally enforced rights. Since the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965, states are not allowed to have laws that discriminate based on race and certain other factors, even through many of the additional voter eligibility rules can be set by states. Thus, states are forbidden to set voter eligibility based on race, gender, or age (18 is mandated), but, they can set it based on prior criminal record, mental health, etc, up until the federal government passes a law on those subjects, at which point, the federal law takes precedence.

Example of state law supremacy

An instance of this latter case (where there is no federal jurisdiction, but states cannot pass un-Constitutional laws) is the content of Education. Educational curriculum is set by the states - while the Federal government can provided funding if certain other criteria are met, the final say on what curriculum a child is taught is up to the states. However, no state law can violate the Constitution - thus, a state cannot mandate the teaching of a religion in its schools, since that would clearly violate the 1st Amendment to the Constitution.

Answer 2

Simple answer the federal law always rules.

This is because of the "Supremacy Clause" in the constitution (article VI, paragraph 2 U.S. Constitution).

Many times, a specific situation will cause argument and debate due to the fact that the federal law in question is considered unconstitutional by those on one state law side of the issue.

In this situation, one may argue that if the federal law is outside the powers granted to the government, then the state law should be viewed as supreme.

However, according to a federal court, the state law is not permissable during trial.

Answer 3

federal law must be obeyed because federal law fas jurisdiction over state laws. However, if a law in a state such as gay marriage is not especifically numbered in the constitution then state law must be obeyed.

Answer 4

Article VI- If a federal and a state law conflict, the federal government is supreme because of Article VI. During the 1960s many southern states practiced segregation, which violated the equal protection clause of the 14th Amendment. The federal government passed several laws and made new policies to help end segregation in schools, housing, and jobs.

Answer 5

Federal law is always above state law. States can not make laws that contradict federal law.

Answer 6

Federal is the law that is to be followed. It applies to the whole country, but state laws apply to only the state.

Answer 7

The Federal Law must be obeyed.