0
Always the US Constitution. The USC was developed before any state laws or state constitutions and in all court hearing you plead your case the United States Supreme court. States are allowed to interpret laws, though the US Supreme Court may overturn a decision. Once a law is formed all states must abide. That is why there was such turmoil when George Bush tried to ban Gay marriage. If he were successful they no state would hve the right to perform or recognize gay marriage. That being said if there is no law, a state does have the option to create and inforce laws to help keep it's citizens safe.
What else can I help you with?
Can a State agency regulations take precedence over conflicting federal agency regulations?
No, federal law prevails over conflicting state regulations due to the Supremacy Clause of the U.S. Constitution. State regulations that conflict with federal regulations are considered preempted and are generally not enforceable.
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 scenario is avoided because the constitution contains the supemacy clause?
b.) A state passes a law that contradicts the nineteenth amendment. EXPLANATION: Just took the quiz on APEX (honors gov quiz 2.2.3)
What was the purpose of the 1970 Illinois constitution?
The people of the state of Illinois, through the Illinois Constitution of 1970, created a governmental structure to manage the public activities of the state. The primary purpose of the constitution is to transfer governing power from the people to the government.
Did the wyandotte constitution allow slavery or ban it?
The Wyandotte Constitution, adopted in 1859 for the state of Kansas, prohibited slavery. It explicitly stated that slavery would not be allowed in the state.
Which prevails state law or Constitutional law?
The Constitution.
In McCullough v Maryland the supreme court ruled that when state and federal powers conflict the federal power prevails illustrating what clause of the constitution?
supremacy clause
3 According to article VI of the US Constitution what would happen should there be a conflict between the US Constitution and the state constitution?
The U.S. Constitution trumps any conflicts with state constitutions.
What does the low protect?
every state constitution cannot permit laws that federal constitution does not allow.for example a state constitution cannot permit a low against freedom of speech because this conflict with constitution by the government
What does the supremacy clause forbid?
The Supremacy Clause, found in Article VI, Clause 2 of the U.S. Constitution, establishes that the Constitution, federal laws, and treaties made under its authority are the supreme law of the land. This clause forbids states from enacting laws or taking actions that conflict with federal laws or the Constitution. Essentially, if there is a conflict between state and federal law, federal law prevails. This ensures a uniform legal framework across the country.
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
Can a State agency regulations take precedence over conflicting federal agency regulations?
No, federal law prevails over conflicting state regulations due to the Supremacy Clause of the U.S. Constitution. State regulations that conflict with federal regulations are considered preempted and are generally not enforceable.
Can federal law override a state constitution?
Yes, federal law can override a state constitution if there is a conflict between the two. Federal law, as established by the U.S. Constitution, is considered the supreme law of the land and takes precedence over state laws or constitutions.
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 does Article 5 of the Constitution which includes the supremacy clause ensures that?
Article 5 of the U.S. Constitution outlines the process for amending the Constitution, while the Supremacy Clause, found in Article VI, establishes that the Constitution, federal laws, and treaties are the supreme law of the land. This means that when state laws or constitutions conflict with federal laws, federal law prevails. This framework ensures a consistent legal standard across the nation, reinforcing the authority of the federal government while also allowing for constitutional amendments to adapt to changing societal needs.
Which documents state the powers and duties of the us government?
State constitutions.
What state has a nickname called The Constitution State?
Connecticut is the Constitution State.
