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Which has the highest authority state law federal law or the constitution?
Wiki User
∙ 11y ago
There are laws with both Federal and State that are not constitutional laws.
The system of law used in America today is much more Admiralty/Maritime law, not Common Law as it was originally intended by the constitution. Therefor Federal Laws are usually forced upon the STATE and the PERSONS who RESIDEthere.
Wiki User
∙ 13y ago
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For any disagreement that may arise between a state and the federal government - the authority is the WHAT?
Constitution!
What is the orgin of state control of health insurance?
The US Constitution and the limits it places on federal authority.
What became the final and supreme authority in disputes between the federal government and the state governments?
The U.S. Constitution
Which constitution amendment has been used to restrict the scope of authority by the federal government over the state?
10th.
What is the highest authority in the nation?
It depends on what type of government the country has-it could be president, dictator, tyrant, etc.
Citizens of Ohio must abide by the rules and laws in their state constitution. They also have to follow the rules and laws in the US Constitution. Why is this?
The U.S. Constitution is the highest authority in the country.
What takes priority State Constitution or State Regulations?
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
Where do state courts get their authority?
State courts have always had their own authority. In colonial times, each separate colony maintained its own government and tended to its own business legislatively and judicially. Thus, states already had judicial authority. There ws no federal government to superced state government in areas of federal concern as there is today. Before the US Constitution was created, the new United States operated under the Articles of Confederation. Under the Articles, states retained all of their original autonomy and authority especially with regard to judicial matters relating to their own legal matters. The US Constitution created a federal government that has only certain specific and limited powers that affected the states as a single country rather than as a group of individual state governments. The federal government's authority superseded state authority in those national areas but left state authority that did not conflict with the federal authority intact. Judicial matters that arose only under state law were left to the state courts to handle. In order to enforce federal law in a consistent manner from one state to another, the Constitution created federal judicial authority but it was only over federal matters such as issues that arose under federal law. These are referred to as "federal questions." Therefore, the Constitution simply allowed the states to retain their already existing judicial authority. This was accomplished in the Constitution in Article III, which created the federal judiciary and gave it authority over federal questions. The Tenth Amendment stated that all powers not given to the federal government were retained by the states. Since the Constitution did not take away state court authority over internal matters, state courts retained that authority.
In a federal government the states are more powerful than the national government?
No. Because of the tendency of the Supreme Court to rule in favor of the federal government as well as the "supremacy clause" (Federal Laws override state laws if there is a conflict) in the constitution, the federal government exercises more authority and overall power than state governments.
Which section of the Judiciary Act of 1789 gives the federal judiciary the authority to overrule state court decisions on issues relating to the Constitution federal law and treaties?
Section 25
What branch of the federal government has the power to overrule state laws that violate the U.S. Constitution?
The United States Supreme Court has the authority to rule a state law is unconstitutional. It has the authority to invalidate legislation and executive actions that the court considers in conflict with the United States Constitution.
Which clause in the US Constitution gives the central government overall authority over the states?
The Supremacy Clause of the United States Constitution gives the federal government authority over states. It mandates that judges at the state level, must follow federal law when a conflict arises between state law and federal law.
