Can state laws contradict the U.S. Constitution?
Asked by: Noe Cormier | Last update: February 19, 2026Score: 4.8/5 (53 votes)
No, states cannot make laws that validly violate the U.S. Constitution; federal law, including the Constitution, is the "supreme Law of the Land," meaning conflicting state laws are generally unenforceable, with the U.S. Supreme Court having the final say on constitutionality. While states might pass laws contrary to federal law or Supreme Court precedent, these are subject to federal court review, and courts will strike down unconstitutional state laws, though the process can be complex.
Do state laws supersede the Constitution?
The core message of the Supremacy Clause is simple: the Constitution and federal laws (of the types listed in the first part of the Clause) take priority over any conflicting rules of state law.
Can a state make a law that violates the Constitution?
The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.
What happens if a state law conflicts with the Constitution?
When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution.
Does the Constitution have power over the states?
Even without an express preemption provision, federal laws take priority over state laws if the two come into conflict. This is due to the “Supremacy Clause” in Article VI of the Constitution. It names the U.S. Constitution as “the supreme law of the land,” along with federal laws written under its authority.
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What are the constitutional limitations on the states?
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
What does article 7 of the U.S. Constitution say?
Article VII of the U.S. Constitution is about the ratification process, stating that nine of the thirteen states needed to approve it through special state conventions for the Constitution to become the law of the land, replacing the Articles of Confederation. It established the conditions for the new government to take effect and included the date the Constitution was signed (September 17, 1787).
Can the US Supreme Court declare state laws unconstitutional?
On the contrary, they say that the power to declare laws unconstitutional is delegated to federal courts, not the states. Federalist No. 33 states that federal laws are supreme over the states, so long as those laws are within the federal government's delegated powers.
Can state laws be stricter than federal laws?
In the United States, state and federal laws often interact in complicated ways. Both levels of government create their own laws, but the U.S. Constitution gives the federal government the final say in the law. This means that federal laws always prevail over state laws.
Does state law supersede local law?
The state and cities and counties enjoy police power concurrently. They are free to exercise the full police power of the state within their territorial limits. However, state law can preempt local law.
Do Supreme Court rulings overrule state laws?
In other words, when the Supreme Court (the highest court of the United States) interprets the Constitution or a federal law, that interpretation becomes part of the supreme law of the land, overriding any conflicting state legislative acts.
Who can overrule the Constitution?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
What supersedes state law?
The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.
Can something be federally legal but illegal in a state?
The answer is fairly simple: you are dealing with two different jurisdictions. As an example you can look to recent arrests and drug busts of vendors in Calirfornia by federal authorities despite the fact that the State of California has legalized possession under certain quantities.
Can states refuse to enforce federal laws?
Recent Supreme Court rulings based on state sovereignty concerns, including Printz v. U.S., prohibit the federal government from (1) requiring states to enact or enforce a federal regulatory program and (2) requiring state officials to administer a federal regulatory scheme.
Can states change the U.S. Constitution?
Congress must call a convention for proposing amendments upon application of the legislatures of two-thirds of the states (i.e., 34 of 50 states). Amendments proposed by Congress or convention become valid only when ratified by the legislatures of, or conventions in, three-fourths of the states (i.e., 38 of 50 states).
What happens if a state law contradicts a federal law?
If it is outside of federal power the state law is supreme. Federal law trumps state law when it is a valid exercise of federal power. In reality since the New Deal era essentially any law passed by Congress is a valid exercise of Congress' power under Article I, Section 3, Clause 8 of the Constitution.
What happens to a state law that violates the US Constitution?
Courts have the power to strike laws that violate a state's constitution, and if the law violates the federal Constitution it can be challenged through a 42 U.S.C.
Can a state law be overturned by the Supreme Court?
Yes they can, and they frequently have. Most recently, for example, the Supreme Court struck down state laws that prohibited same-gender marriage, under the equal protection clause of the United States Constitution.
What makes a state law unconstitutional?
Unconstitutional refers to anything that transgresses or is antithetical to a constitution, especially the United States Constitution. In the context of the U.S. legal system, if a law, policy, or action is deemed unconstitutional, it means that it violates some part of the Constitution and is therefore invalid.
How to challenge a state law as unconstitutional?
New Rule 5.1 requires a party that files a pleading, written motion, or other paper drawing in question the constitutionality of a federal or state statute to file a notice of constitutional question and serve it on the United States Attorney General or state attorney general.
Who opposed Article 7 and why?
Anti-Federalists pointed out that Article VII was inconsistent with Article XIII of the Articles of Confederation, which required that changes in constitutional arrangements be “agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.” Article VII required agreement ...
Is God mentioned in the US Constitution?
No, the U.S. Constitution does not explicitly mention God, Jesus, or Christianity; its framework is secular, focusing on governmental structure, though it mentions "religion" in the First Amendment to protect religious freedom and prohibit an established religion. The only divine reference is in the signing date, "in the Year of our Lord," a common phrase of the era, not a theological statement, notes TCU Magazine.
What was the United States called before?
Before being called the "United States of America," the colonies were known as the "United Colonies," a term officially adopted on September 9, 1776, by the Continental Congress, replacing "United Colonies" in official documents to reflect their new status as independent states. Before that, they were simply the Thirteen Colonies, British territories with varying names like "United Colonies of North America," reflecting their separate administration but shared struggle for independence.