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Article VI of the US Constitution states, in part: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land..." All laws, federal or state, must conform to the Constitution.
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How did the judicial branch under Jefferson serve as a check on executive and legislative branches?
the judicial branch has a duty uphold the constitution .It must be able to determine when a federal law conflicts with the constitution and to nullify,or cancel, unconstitutional law ----N.Tran
What do you call a law that conflicts with a constituton?
A law that violates the constitution is said to be unconstitutional.
What laws are those that a judge finds to be in conflict with the US Constitution?
A law which conflicts with a constitution is said to be unconstitutional.
Does Congress have the expressed power to declare laws unconstitutional?
Congress cannot declare laws unconstitutional. The Judiciary Branch may declare a law unconstitutional only if it conflicts with some provision of the State or Federal Constitution. The Supreme Court can rule a law to be unconstitutional, but Congress, along with the States, can only amend the Constitution.
If state law conflicts with federal law which law is supreme?
Federal law comes first and then state law as said in the constitution.
If a law violates the US Constitution it is said to be?
Any practice or law that violates the constitution is unconstitutional.
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.
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.
In the following situations which source of law takes priority and why A common-law decision in one state conflicts with the US Constitution.?
The US Constitution takes priority over a common-law decision in one state because it is the supreme law of the land. Any state law or decision that is in conflict with the US Constitution is considered unconstitutional and therefore invalid. Federal law, including the Constitution, supersedes state law in such cases to ensure consistency and adherence to constitutional principles.
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 does the supreme court call a unconstitutional law?
Any state or federal law, executive order or treaty that's relevant to a case under review in a court and operates contrary to the Constitution.
How does the article VI of the constitution resolve possible conflicts between state law and federal laws?
The state laws are overruled by the Federal Laws.
