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It can depend. One might say that Federal Law is supreme because it is applicable in all 50 states and all territories of the US. Whereas, state law is applicable only within the borders of that particular state. However, while federal and state law sometimes overlap one another ((i.e.: Bank robbery or interstate autho theft, etc) Federal Laws do not, and were not, meant to cover all eventualities of every possible state ordnance.
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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.
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.
Can state laws regulate something if it is also regulated by the federal law?
Yes, they can as long as the federal law is not contradicted or if it is intended to preempt all state legislation in that area. For example, the federal government establishes a minimum wage, but states are free to establish higher ones if they wish. A higher minimum wage does not conflict with the federal law, because the purpose of the federal law is to help workers and a state minimum wage helps workers even more. Thus, it does not conflict with the intent of the federal law.
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 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 constitutional clause makes the laws of the federal government higher than the state law?
Supremacy clause
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 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.
Who wins state law v federal law?
A federal law wins.
