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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.
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What is it called when state governments are directed to comply with a federal directive?
preemption.
Which clause in article 6 section 2 of the constitution could the federal government use to override the states bills of rights?
The supremacy clause gave the federal government the ability to override the states bill of rights.
Which president initiated federal supremacy?
George Washington
Who allows federal and state governments to share power but ensures federal supremacy when there are conflicts?
constitution
Which president initiated the term federal supremacy?
Andrew Jackson
What doctrine maintains that state laws that interfere with federal laws are invalid pursuant to the supremacy clause?
Preemption
What doctrine maintains that state laws interfere with federal laws are invalid pursuant to the supremacy clause?
Preemption
Does the supremacy clause of the national constitution places federal law above state law?
Supremacy clause
Does extradition refers to when a federal law supersedes or overrides a similar state law?
NO, it is preemtion
What is a federal ordering requiring states to provide a service?
Preemption
What has the author H S Sanger written?
H. S. Sanger has written: 'Federal preemption and regulation of surface coal mining' 'Federal preemption and the regulation of surface coal mining'
What does federal supremacy mean?
Federal supremacy establishes that federal law supercedes all state and local law. Federal supremacy establishes that federal law supercedes all state and local law.
When state law directly conflicts with a federal law it is rendered invalid under?
The Supremacy Clause. Someone else said: Preemption Clause of the Constitution makes the federal law trump state law but it does not necessarily render the state law invalid unless following state law would violate the federal law.
When a state conflics with a Federal law what happens?
The state law is declared void. States cannot pass a law that conflicts with a Federal Law or the US Constitution. The law could also be illegal based on the state's constitution.
What is it called when state governments are directed to comply with a federal directive?
preemption.
What Federal order requiring states to provide service?
A MANDATE.
Which clause in article 6 section 2 of the constitution could the federal government use to override the states bills of rights?
The supremacy clause gave the federal government the ability to override the states bill of rights.
