2006-09-25 22:16:13 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Due to the Supremacy Clause which states:
[THE SUPREMACY CLAUSE Article. VI. 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; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding.]
Which means - above all - Federal law trumps State law. However, there are some areas in which the Federal government allows states to decide and only step in if there is a federal issue about it.
2006-09-25 22:37:56 · answer #1 · answered by Shadowtwinchaos 4 · 2⤊ 1⤋
The powers of the federal government are limited by the constitution. When the constitution does not give the authority in an area to the federal government, state law is the top authority. However, where the power is given to the federal government, the federal law usually preempts state legislation in the area, and thus, the federal law prevails.
There have been numerous cases taken to the Supreme Court testing whether a state law is preempted by federal regulation. Either side can win, depending upon the circumstances of the case, and the wording of the Constitution.
2006-09-26 00:53:51 · answer #2 · answered by Anonymous · 0⤊ 0⤋
most of the time Federal trumps State. A good example of this is medical marijuana. A state can say it's legal to grow and smoke but then the Feds come in and arrest everyone. Just because a state says something is legal doesn't protect you from prosecution under federal law.
2006-09-25 22:27:36 · answer #3 · answered by spag 4 · 0⤊ 0⤋
Federal law rule, but there are certain things that are traditionally the states domain (like marriage and family law)
2006-09-25 22:23:48 · answer #4 · answered by Anonymous · 0⤊ 0⤋
that is better precise to say that State regulation can not overrule the U.S. structure. The best court docket can not overrule merely any State regulation. yet, if the finest court docket unearths that a regulation followed by a State violates the structure, the court docket can invalidate that regulation.
2016-12-02 02:15:45 · answer #5 · answered by abeta 3 · 0⤊ 0⤋
<>Ideally, neither. However, appeals courts can override in either direction, with a Federal Appeals Court ruling being the final answer.
2006-09-25 22:24:21 · answer #6 · answered by druid 7 · 0⤊ 1⤋
completely oposite
2006-09-25 22:16:57 · answer #7 · answered by Southie9 5 · 0⤊ 0⤋
Nope, you have it backwards.
2006-09-26 01:55:30 · answer #8 · answered by working mom of 3 4 · 0⤊ 0⤋