how do you determine whether the us constitution or state constitution applies to a factual situation arising?

Question

how do you determine whether the us constitution or state constitution applies to a factual situation arising under state law

Answer 1

If it's a state law, it is subject to both constitutions. Either one can be applied as needed.

Answer 2

Anything that is specifically mentioned in the United States constitution makes that document apply. So, free speech, separation of church and state, the right to bear arms, the right to be secure from unreasonable search and seizure, etc., are all federal rights which states cannot change. Anytime a state passes a law that contradicts the US constitution, the law will be voided by the US Supreme Court.

The US constitution also states broad areas where the federal government has power to regulate. For example, in the Constitution, Congress is given the power to regulate interstate commerce. The exact terms of how it it can do this are not spelled out. But under that clause, Congress can make many laws affecting air travel, shipping, sale of corporate stock and thousands of other things.

States may also make laws affecting these things within their own borders. But whenever a state makes a law that contradicts a law created by Congress, the federal law will apply. This is known as federal preemption.

Where the state laws do not conflict with the US law, both laws may apply to the situation within the state. A drug dealer may be charged with drug distribution under both state and federal law for example. Who charges the drug dealer usually depends on what agency conducted the investigation and arrest.

Finally, for those cases where the US Constitution is completely silent, state law applies. All powers not enumerated in the Constitution are specifically granted to the states--as stated in the US constitution.

Answer 3

Factual Situation

Answer 4

Disagree. The shape is the magnificent regulation of the land, and supercedes any conflicting state regulations or rules. This became interior the shape, as ratified by utilising the states, so they agreed to this - "This shape, and the regulations of usa which would be made in pursuance thereof; and all treaties made, or which would be made, below the authority of usa, would be the magnificent regulation of the land; and the judges in each state would be certain thereby, something interior the shape or regulations of any state to the different despite the fact that." that's person-friendly because of the fact the "Supremacy Clause". there is likewise the 14th modification, which isn't as direct, yet additionally alongside the comparable vein - "No State shall make or enforce any regulation which shall abridge the privileges or immunities of voters of usa." So, in different words, something granted below federal regulation won't be able to be taken away by utilising the states. That responder, as maximum of are while speaking approximately political evaluations, is punctiliously misinformed on the data.

Answer 5

Both.

No level of government can legally pass a law that violates either the State or Federal Constitutions.

Richard

Answer 6

State laws can be more stringent than Federal laws but not less.

Answer 7

if you consider every situation to be ridiculous, as the law does, then you will have a ridiculous law that covers any situation, where do we go from here?

Answer 8

try shooting somebody and see!