What happens if a conflict arises between the law enacted by the Parliament and a law enacted by a state legislature on the same matter?
Asked by: Miss Lilian Hegmann | Last update: February 14, 2026Score: 4.6/5 (3 votes)
When a conflict arises between a federal (Parliament) law and a state law on the same subject, the federal law generally prevails due to the Supremacy Clause of many constitutions (like the U.S. or Indian), meaning the state law becomes void or invalid to the extent of the inconsistency, though the state law may stand if it receives Presidential assent and Parliament hasn't legislated later, or if Parliament allows state laws. This principle, known as preemption, ensures national laws are supreme, especially on subjects listed in a Concurrent List where both levels can legislate.
What happens if a state law conflicts with a law made by Congress?
Under the Constitution's Supremacy Clause, federal law is the “supreme Law of the Land” and overrides conflicting state law. Congress sometimes expressly provides that state laws on a given topic are preempted (this is known as “express preemption”).
What happens if a state and local law conflict?
State Preemption: Outright, Express, and Implied Preemption
Similar to federal and state laws, state laws will usually prevail when state and local laws are in conflict. As such, the main question courts will seek to answer is whether there is even a conflict.
What happens when there is a conflict between state and national law?
With respect to conflicts between state and federal law, the Supremacy Clause establishes a different hierarchy: federal law wins regardless of the order of enactment.
What happens if two laws conflict?
In most instances, the Legislature will specify that the new statute prevails. This is consistent with one of the canons of statutory construction – a more statute will prevail over an earlier statute when the two statutes conflict.
P18 : Parliament & State Legislature || SSC CGL, UPSC, MPPCS, JPSC, UPPCS, CAPF SI/ASI, BPSC ,etc
What happens when a federal law contradicts a state law?
The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.
What is a conflict of law between states?
Definitions (Conflict/Choice of Law)
Conflict of laws: "1. A difference between the laws of different states or countries in a case in which a transaction or occurrence central to the case has a connection to two or more jurisdictions. – Often shortened to conflict.
When there is a conflict between federal and state law, federal law prevails because of the Supremacy Clause, true or false?
The Supremacy Clause ensures federal law prevails over state law when conflicts arise. It applies to the Constitution, federal statutes, and treaties. State laws that conflict with federal laws are considered void.
When there is a conflict between a state and a federal law, which is considered the supreme law of the land?
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any ...
What happens if a state does not comply with federal law?
Thus, the federal courts have held that under the Constitution, federal law is controlling over state law, and the final power to determine whether federal laws are unconstitutional has been delegated to the federal courts. The courts therefore have held that the states do not have the power to nullify federal law.
Does ICE supersede state law?
State governments aren't barred from prosecuting federal agents. State governments can also prosecute immigration agents if they break state law. However, there is a limitation known as supremacy clause immunity, which comes from the US Constitution's clause that says federal law supersedes conflicting state laws.
How is a conflict between laws resolved?
If a conflict exists, the court will then inquire whether the legislature of the forum has enacted a statute that addresses the choice-of-law question. If a statute exists, the court will apply the choice-of-law rule contained in the statute. If not, the court will look to the common law.
Can a state make something illegal if it is federally legal?
State laws only govern the citizens within a particular state, but federal laws apply to all U.S. citizens. When state and federal laws clash, think of the federal law as the trump card. In theory, a state law that goes against federal law is null and void, but in practice, there's a bit more of a gray area.
What happens if the government violates the Constitution?
Constitutional crises can range from minor to requiring a new constitution. A constitutional crisis can lead to administrative paralysis and eventual collapse of the government, the loss of political legitimacy, democratic backsliding or to civil war.
How does the Constitution resolve possible conflicts between state laws and federal laws?
Implied Preemption
A state law can conflict with a federal law, and therefore be displaced by operation of the Supremacy clause, even when the federal law does not have a specific, express preemption provision.
Which is more important, federal or state law?
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.
What happens when there is a conflict in state and federal law?
The second type of implied preemption is conflict preemption. In Gade v. National Solid Wastes Management Association (1992), the Supreme Court determined that federal law preempts a state law that conflicts with federal law.
Who wins if there is a conflict between state and federal law?
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.
When there is a conflict between federal law and state law, which one has ultimate authority and where does that authority come from?
The Constitution's Supremacy Clause provides that federal law is "the supreme Law of the Land" notwithstanding any state law to the contrary. This language is the foundation for the doctrine of federal preemption, according to which federal law supersedes conflicting state laws.
What does Article 1 Section 7 Clause 2 mean?
U.S. Constitution, Article I, Section 7, Clause 2 outlines the President's role in the legislative process, detailing the veto power: every bill passed by Congress must go to the President, who can sign it into law, veto it (returning it with objections for Congress to override with a two-thirds vote), or allow it to become law by inaction if Congress is in session. This clause establishes the "Presentment Clause" process, ensuring laws are approved by both Congress and the President, and includes provisions for the "pocket veto" if Congress adjourns before the 10-day period expires.
What happens when laws contradict each other?
Grounded in the Supremacy Clause of the U.S. Constitution, federal preemption stands for the principle that federal law supersedes conflicting state law.
What does article 6 of the Constitution mean in simple terms?
Article VI of the U.S. Constitution establishes the Constitution, federal laws, and treaties as the "supreme Law of the Land," overriding state laws, and requires all federal and state officials to swear an oath to support it, while also prohibiting religious tests for public office. It also confirms that the new government assumes debts from the previous Articles of Confederation.
What are the 4 types of conflict?
The four main types of conflict, especially in storytelling and organizational settings, are generally categorized as Man vs. Self (internal struggle), Man vs. Man (person vs. person), Man vs. Nature/Environment, and Man vs. Society (or supernatural/fate). In business/workplace contexts, specific types include Task, Relationship, Process, and Status conflicts.
When there is a direct conflict between a federal and a state law, the state law does not supercede.?
Instead, the Supremacy Clause, and the doctrine of federal preemption that arises from it, is essentially a choice-of-law provision, stating that where valid federal and state and local laws are in conflict, the federal laws prevail.
How are conflicts between states and national laws resolved?
Conflicts between the laws are resolved by the Supremacy Clause of the U.S. Constitution, Article VI, which says that laws enacted in furtherance of the U.S. Constitution are the "supreme law of the land," and that federal laws have superiority over the state constitutions and laws.