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Why is it important that state law not conflict with federal law?
Wiki User
∙ 13y ago
Federal law exists to ensure certain interests that are important to the entire country are in place. There is no pragmatic way one set of laws could govern the entire country, so each State is allowed to enact laws that it deems fit to address its own needs. However, no State can be allowed to have a law that trumps Federal law or disregards Federal law. For example, if the Federal government decides that fully automatic weapons should be banned across the board, it could not allow a single State to allow fully automatic weapons. That being said, State laws can be more restrictive that Federal law but they cannot be less restrictive. Let's say the Federal government says cell phone calls while driving is a national safety issue and bans it on all interstates. Florida could enact a law that says all cell phone use (calls and text) is illegal.
Wiki User
∙ 13y ago
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What happens when there is a conflict between a state and a federal law the?
Federal law prevails.
Is there is a conflict between state and Rhode Island and federal law what would happen?
If there is a conflict between state law in road island and federal law what would happen
When there is a direct conflict between a federal law and a state law does the federal law prevail?
true
What is a state statutes?
That is a law created by the state. It cannot conflict with Federal law.
If there is direct conflict between a federal law and an Alaska state law?
The federal law takes precedence.
When a state calls a federal law invalid?
State law can be more detailed than federal law, but cannot conflict with federal law. Therefore, a state law cannot determine that a federal law is invalid. The state would have to, instead challenge the federal law as an unconstitutional intrusion on state rights.
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
What was the supremacy clause?
(“Ensures”) A state law is overruled by a federal law went to conflict. -apex
What constitutional clause is used to determine if a state law conflicts with federal law?
In the US Constitution, the Article VI, Section 2, Supremacy Clause declares federal law supersedes state law if the two are in conflict, but it's inaccurate to say the "clause is used to determine if a state law conflicts with federal law." Any part of the Constitution that provides guidelines for a specific law, and applies equally to the state and federal government, may be used to make that determination; the Supremacy Clause simply states if a state law conflicts with federal law, the federal law prevails.
Can a state law be more important than a federal law?
Yes.
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.
Can state laws regulate something if it is also regulated by the federal law?
Yes, they can as long as the federal law is not contradicted or if it is intended to preempt all state legislation in that area. For example, the federal government establishes a minimum wage, but states are free to establish higher ones if they wish. A higher minimum wage does not conflict with the federal law, because the purpose of the federal law is to help workers and a state minimum wage helps workers even more. Thus, it does not conflict with the intent of the federal law.
