Is a state court's constitution independent and adequate state grounds to ignore the supreme court's ruling on a 1st amendment issue?
2007-12-08 11:44:07 · 11 answers · asked by Big D 1 in Politics & Government ➔ Law & Ethics
If the the state constitution conflicts with a supreme court ruling on the 1st amendment that mean that you are in the United States of America.
2007-12-09 02:40:14 · answer #1 · answered by Jackson Peter Templeton Jr. 2 · 0⤊ 0⤋
A State Constitution can grant rights over and above those granted by the Federal Constitution, but cannot 'cancel' Federal rights.
So if the conflict is that the Federal Supreme Court said that a law does NOT violate the 1st Amendment, but the law DOES violate the State Constitution, then the law is unconstitutional.
Richard
2007-12-08 11:59:57 · answer #2 · answered by rickinnocal 7 · 0⤊ 0⤋
The US constitution and all the US Supreme Court rulings interpret it win. State constitutions are required to be at least as restrictive as the US constitution.
2007-12-08 15:04:00 · answer #3 · answered by StressedLawStudent 4 · 0⤊ 0⤋
No,any federal law,especially the Bill of Rights and the Constitution is superior to state law.Eventually it will be challenged in the courts and overturned.
2007-12-08 11:50:11 · answer #4 · answered by gary s 6 · 1⤊ 0⤋
The US constitution is the supreme law, meaning that no other law can go against it.
2007-12-08 11:52:01 · answer #5 · answered by logan! 2 · 0⤊ 0⤋
No it isn't. If you want to ignore the laws of the country you're in, you have to start your own country.
State laws have authority only over those areas not directly addressed at the national level.
2007-12-08 11:49:36 · answer #6 · answered by righteousjohnson 7 · 1⤊ 0⤋
Sonia Sotomayor represents mainstream America. It is your favorite justices, Scalia, Thomas, Roberts and Alito, who are vicious radicals who tear up the Constitution.
2016-05-22 05:42:57 · answer #7 · answered by Anonymous · 0⤊ 0⤋
US Constitution trumps all.
If it was not addressed in US constitution, then it is reserved for each state to deal with.
10th Amendment , i believe
2007-12-08 11:55:36 · answer #8 · answered by witz1960 5 · 0⤊ 0⤋
The constitution supercedes all other laws and state constitutions
2007-12-08 11:46:24 · answer #9 · answered by Anonymous · 3⤊ 0⤋
guy above me is right, the national law overrules the state law
2007-12-08 11:47:15 · answer #10 · answered by Anonymous · 0⤊ 0⤋