Comments on: What if a state law is against a federal law?

By: RMR278

RMR278 — Fri, 02 Jan 2009 02:49:16 +0000

state trump fed, fed serves to protect the fifty states against outside attacks and they deal with outside america trade. Everything else is state mandated.

RRRRR

By: joseph b

joseph b — Thu, 01 Jan 2009 16:39:58 +0000

Federal law supersedes local or state law when they are in conflict. However, a state or local law can be made that goes further than federal law. For example, a federal laws on firearms ownership (can’t be a felon, can’t be convicted of a domestic violence charge, cannot be mentally incapacitated, etc). A state can go even further and require a permit and set the requirements. What the state can’t do is say that anyone can own a gun, including someone mentally incapacitated because it would violate federal law. In California, the state allows medical marijuana, but it is still illegal on the federal level, however, The US Attorney has chosen not to enforce the law at this time. At any point, he could go after anyone for selling it if he so decides.

By: The Hump

The Hump — Tue, 30 Dec 2008 01:50:48 +0000

Federal Law would trump the state law. The state cannot take away protections provided by the federal government. However, state law can enlarge upon those protections. For example, if the federal age of consent is 14, a state could pass a law and make the age of consent 15 or 16, but it could not make it 13.

But generally, If the Federal Law says you can’t do something, and the state law says you can, the Federal Law trumps. It’s called a conflict of laws. It is very common, and it comes down to a question of supremacy between the two laws. Generally speaking, Federal Law has supremacy over state laws.

By: who cares what you think

who cares what you think — Fri, 26 Dec 2008 21:16:00 +0000

federal always trumps state, state trumps city/local.

Kind of like rock, paper scissors but paper is local and really doesn’t win ever.

By: Immigration Lawyer

Immigration Lawyer — Thu, 25 Dec 2008 16:55:57 +0000

As it is in the USA, normally, federal law would prevail over the State law.

However, practically, it is not so straightforward. For example, States have right to exercise their powers in certain spheres, such as, family, marriage and divorce. Therefore, it could happen that State laws may be different from US federal laws, BUT nevertheless, these different State laws would be absolutely lawful, constitutional and enforceable. For example, US federal law does not allow for the same-sex marriages, but several States do (e.g. Massachussetts).

By: tk

tk — Mon, 22 Dec 2008 20:05:58 +0000

Federal law trumps state law every time, [period. Witness the feds busting up legal pot sales in California. However, more restrictive state laws can supplement fed law. Witness state gun laws that modify fed statutes. But the feds trump states anytime they desires and often do. But, the states can not nullify or defang a fed law.

By: Ken

Ken — Fri, 19 Dec 2008 14:19:07 +0000

The supremacy clause in the constitution says that federal law will rule. Most often, state laws are stricken under what is referred to as “the incorporation doctrine.” If you want to know more about this topic, do a search for that term and you will find a lot. Cases such as Brown v. Board of Ed, Gideon v. Wainwright and Miranda v. Arizona were all based on the incorporation doctrine.

By: shelynn102002

shelynn102002 — Tue, 16 Dec 2008 08:39:21 +0000

The federal law overrules all state laws.

By: h2ointolerant

h2ointolerant — Tue, 16 Dec 2008 01:10:50 +0000

Federal Law almost always prevails, unless the Supreme Court decides that the power to legislate that issue lies with the state.

By: makrothumeo2

makrothumeo2 — Mon, 15 Dec 2008 17:01:50 +0000

Federal law is applied if a federal law conflicts with a state law…some states do have conflicting laws, sometimes because they are “in protest” to what the state views as usurpation of it’s rights by the federal government. There are even some state constitutions that conflict with the federal constitution.

However, a state MAY give its residents MORE protection than the federal constitution without being considered in conflict.