2006-10-02 07:23:02 · 12 answers · asked by jackie w 1 in Politics & Government ➔ Government
In most cases you have to follow state law at the outset, and then you can challenge the law as conflicting with federal law in court.
For example, South Dakota has basically banned abortion in it's state. That means that, as of now, you can't have an abortion except as stated by state law. However, this law will be challenged in court (the actual goal of the state law) and will likely reach the Supreme Court, where many believe the Supreme Court might overturn Roe v. Wade.
There aren't many cases where state law conflicts with federal law, and there is usually a reason behind it.
2006-10-02 07:25:28 · answer #1 · answered by crazydavythe1st 4 · 0⤊ 1⤋
The Federal Law under The Constitution - 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, anything in the Constitution or laws of any State to the contrary notwithstanding.
2006-10-02 09:57:13 · answer #2 · answered by feanor 7 · 0⤊ 0⤋
The federal law because no state law can conflict with federal law, it is unconstitutional.
2006-10-02 07:27:29 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Federal.
2006-10-02 07:24:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Well All of the states have to follow federal laws, they can be more sever than federal laws but they can no be less sever then federal laws... EFIL
2006-10-02 07:27:52 · answer #5 · answered by Anonymous · 0⤊ 1⤋
In MOST cases, the state law will hold president. NOT always.
2006-10-02 07:25:14 · answer #6 · answered by Spirit Walker 5 · 0⤊ 0⤋
I'd love to read the particulars of the conflict.
2006-10-02 07:24:58 · answer #7 · answered by andalucia 3 · 0⤊ 0⤋
Always adhere to the more severe law
2006-10-02 07:26:48 · answer #8 · answered by cawillms 3 · 0⤊ 1⤋
it quite is a few thing I easily have questioned approximately, the weed component. law enforcement officers take an oath to enforce all rules, federal and state. Federal regulation trumps state regulation. So, if a state has no regulation against marijuana however the feds do, is the cop not upholding his oath via not imposing federal rules? And if he does enforce it, and state choose dismisses it, is the choose not upholding his oath?
2016-10-18 08:57:50 · answer #9 · answered by Anonymous · 0⤊ 0⤋
the federal unless the supreme court says otherwise.
2006-10-02 07:26:54 · answer #10 · answered by m s 2 · 0⤊ 1⤋