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The short answer is that the United States Constitution is the law of the land, and any law, including state law, that is not consistent with the US Constitution is superseded by the US Constitution.

There is something called the Supremacy Clause, which means that all inconsistencies between federal and state law must be resolved in favor of federal law, but then the lawyers and courts argue whether the federal law in question was intended to supersede and preempt, or to just add to state law. Is the state law really and truly inconsistent, or just a little. :)

If state law says you can manufacture WIDGET A, for example, and federal law says you cannot, then federal law will control, because that is a direct conflict. But if state law says you can manufacture Widget A, and federal law says you can manufacture Widgets A, B and C, but you must comply with certain requirements, or you must manufacture them all together but not individually, then state law is not superseded...it is just ... clarified a bit, if you get my meaning.

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15y ago

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Related Questions

Why the state system can't contradict the federal system?

State law cannot contradict federal law because the Constitution states that federal law has power over state law.


What power is reserved for the state?

law enforcement, state standards, federal laws


What might happen if the constitution allowed state law to have supremacy over federal law?

If the state laws had more power than Federal Laws the Constitution would have little to no power.


What might happened if the constitution allowed state law to have supremacy over federal law?

If the state laws had more power than Federal Laws the Constitution would have little to no power.


Does federal law ouer ride state law?

Only when a state tries to use a power specifically defined for the federal government under the constitution


Did the federal court system allow the stare courts to have more power than the federal courts?

No. Federal law always out trumps state law.


How was nullification a threat to the union?

In the Constitution, it states that Federal law was supreme over State law. Therefore, the power for a state to nullify a federal law would go against the Constitution.


Does a state law or federal constitution have higher power?

The Federal level is higher than the State Level. The US Constitution wins over any State law deemed unconstitutional.


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.


Which federal court could declare the final word on the constitutionality of state law?

supreme court ^O^


Is federal law the same as state law?

No, federal law and state law are not the same. Federal law applies to the entire country, while state law only applies within the boundaries of a specific state.


Is federal or state the highest law?

Federal law takes precedence over state law.