who is supreme? State or Federal government?

Question

would you please give a briefly explanation and example.
it would be so kind of you.
thank you so much.

Answer 1

Article 6, Section 1 of the Constitution has been modified by the !0th Amendment (the most ignored Amendement to the Constitution although the Second Amendment is close behind) says:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

This is supposed to mean that, in order for the Federal Government to exercise power in any area, it must be among those powers which are specifically delegated to it. Most of these powers are listed in Article I, sec VIII

Answer 2

The Preamble to the Constitution states:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Neither the Federal nor the State is supreme, The People are supreme !

Answer 3

In areas within its jurisdiction, the federal government is supreme. The Supremacy clause of the Constitution expressly provides that state judges are bound to follow federal law when it conflicts with state law.

The legal term for this principle is "preemption." Basically, it means that if the federal law expressly regulates something, the states can't adopt an inconsistent regulation. The best example of this comes from the Federal Drug Administration. Several laws dealing with the authority of the FDA to regulate certain things expressly preclude states from adding additional requirements. Thus, a state can't pass a law requiring additional warnings on prescription medication or authorizing non-approved uses of such medication.

However, there are certain areas (like criminal law) in which jurisdiction does not overlap. In those areas, there is no requirement that state law be consistent with federal law as both would still apply. Thus, for example, the federal government could make possession of a controlled substance a felony for any level of a drug, and a state could choose not to have any criminal penalty for possession. If this were to happen, it would not be legal to possess that controlled substance in that state, but the only courts with authority to punish possession would be the federal courts. You see a little of this situation currently in California with medical marijuana.

Answer 4

Article six section one in the US Constitution states that the federal government reigns supreme when the two laws come in conflict
for example the federal protection of free press (first amendment) applied to NY even though they didnt have it at a state level (as in the case of gitlow v new york 1925)

Answer 5

Ultimately, the federal govt; although, states do have a lot of independent power.

A good example of this evolves around the civil war where a group of states decided to leave the union. The federal govt said no... hence war. Following that war, laws were adjusted and states lost a lot of power to the federal govt.

Answer 6

fedral law negates any state law. as a union of states, each state regulates and taxes its self. and we have the fedral government that polices each state to make sure that they are following the consitution of the united states. if there is a question on law that is why it goes to the supreme court of that state and then the supreme court of the united states overrides any judgement or law that was made by a city,county or state and is a national policy/law
this is real short and genral but its the basics. hope it helps