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Which law should be followed if a state law conflicts with a federal law?
If a state law conflicts with a federal law, the federal law should be followed. This is because the U.S. Constitution establishes federal law as the supreme law of the land, and it takes precedence over state laws in case of a conflict.
Are state supreme courts the only courts that can nullify state laws?
No. The US Supreme Court can nullify a challenged state law if it conflicts with the federal Constitution.
Under what conditions may a case be appealed from a state court to the Supreme Court?
A case may be appealed from a state court to the Supreme Court if it involves a federal question or if the state court's decision conflicts with federal law.
What law is supreme state or federal?
The US constitution is the supreme law of the land. Following that, Federal law is supreme (or controlling).
What does the supreme clause do when the state law conflicts with the federal law?
Assuming that the federal law can be said to have a reasonable connection to the Article I, Section 8 Powers given to Congress, the federal law will supersede the state law and render the state law non-operative. If the federal law is not said to have a reasonable connection to the Article I, Section 8 Powers, it is rendered unconstitutional and the state law prevails.
What happens when a state law conflicts with federal law?
If the state law is stricter/harsher/more limiting, state law takes precedence. If the the state law is more lax/unrestricted, federal law takes precedence.
What happens in the federal system if a state law conflicts with a national law?
The federal law overrides the state law. The federal government is the "supreme law of the land," meaning that whatever it says goes. For example, a state can pass a law stating that everything has to wear blue jeans on Tuesday. However if the federal government passes a law that everyone has to wear red pants on Tuesday, then everyone in that state and the rest of the country has to wear red pants on Tuesday.
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.
What is one way the Constitution addresses conflicts between the state and federal government?
One way the Constitution addresses conflicts between state and federal government is through the Supremacy Clause, found in Article VI, Clause 2. This clause establishes that the Constitution, federal laws, and treaties made under its authority are the supreme law of the land, meaning they take precedence over state laws when there is a conflict. Consequently, if a state law contradicts federal law, the federal law prevails, ensuring a consistent legal framework across the country.
What is the Constltution?
The U.S. Constitution is the supreme law of the land. In fact, Article VI is referred to as The Supremacy Clause; it states that federal law takes presidence over state law when conflicts between the two occur.
What is the supreme law of Maine?
The supreme law of Maine is the Maine Constitution, which was adopted in 1820. It establishes the framework of the state's government and outlines the rights and responsibilities of its citizens. Additionally, federal laws and the U.S. Constitution also hold authority in Maine, as they supersede state laws when conflicts arise.
Is pot legal in the us?
No. The Cannabis Sativa plant is illegal by federal law in the U.S. Several states have decriminalized marijuana for medicinal purposes and the state of California currently has a bill that pending that, if approved, would legalize marijuana in the state. This however, conflicts with current federal law which overrules state law as decided by the Supreme Court.
