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In the United States, federal law supercedes state law, so if something is illegal under federal law, it doesn't matter what the state says. However, if federal law doesn't say anything about it, then the state is free to impose whatever laws it wants.
No, however if a group of states join alliances to trump federal law that can be done, because in our government people have the right to govern and a group of states is like a group of people.
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What did supremacy clause take from individual states?
The ability to enforce laws that contradict any federal law, treaty, or the constitution. If state law says 'A' and Congress passes a law that says 'B', or the US enters a treaty that says B, then the federal law overrides the state law.
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 is federal supremacy and preemption?
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.
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.
What aspects of the Texas Constitution could be used to improve governance at the federal level?
None. State and federal law are separate laws. The federal is over the state law in all cases. That is why cases are heard in the Supreme Court to decide if a state law meets the requirements of the federal consitution. The constitution of the United States is the foundation for all government and law.
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 did supremacy clause take from individual states?
The ability to enforce laws that contradict any federal law, treaty, or the constitution. If state law says 'A' and Congress passes a law that says 'B', or the US enters a treaty that says B, then the federal law overrides the state law.
Which government has more power the state or national?
Of course not! Each state has its own laws, which are independent of federal laws, at least to the extent they do not contradict federal law or violate federally protected rights. The vast majority of state laws are outside the jurisdiction of federal law; the US Constitution grants the federal government only limited scope within states.
Why is marijuana a problem?
Because Federal and state laws contradict each other.
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.
Is federal or state the highest law?
Federal law takes precedence over state law.
What power are given to the state governments?
Reserved
What does the constitution say about which law shall predominate if there is any conflict between law?
The order to apply is: Federal Constitution Federal Statute Federal Case Law Federal Regulations State Constitution State Statute State Case Law State Regulations
What is the different between a state law and a federal law?
A state law is created by the state and only pertains to that single state. A federal law is created by the national government and is enforced throughout the whole nation. Federal law overrides state law.
Does federal law preempt state regulation?
federal law preempts state regulations when a federal law regulates that particular subject.
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
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.
