What happens when a state law contradicts a federal law or the Constitution give an example of a situation in which this might happen?
Asked by: Lera Kessler I | Last update: January 25, 2026Score: 4.7/5 (11 votes)
This clause establishes that the Constitution and federal laws are the "supreme Law of the Land." Therefore, if there is a conflict, federal law overrules state law. For example, while numerous states have legalized marijuana for medical or recreational use, federal law still classifies marijuana as illegal.
What happens when a state law contradicts a federal law or the Constitution?
The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.
What is an example of state law conflicting with federal law?
Many other states allow people to use medical marijuana if they have a doctor's prescription. This can cause problems in court because marijuana is still illegal under federal law. Even people who grow or have marijuana in the amounts allowed by their state can be arrested and prosecuted by the federal government.
What happens when a state Constitution and the U.S. Constitution conflict?
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.
What happens if a state passes a law that is contrary to the U.S. Constitution?
Final answer: If a state law is deemed unconstitutional by the Supreme Court, it is declared unconstitutional due to the principle of federal supremacy outlined in the U.S. Constitution. Federal law, including constitutional mandates, takes precedence over conflicting state laws.
When Federal Law Conflicts with State Law, Which Wins? | Legal Wellness from Your Lovable Lawyer
What is an example of nullification?
And in the Prohibition Era of the 1930s, many juries practiced nullification in prosecutions brought against individuals accused of violating alcohol control laws. More recent examples of nullification might include acquittals of "mercy killers," including Dr. Jack Kevorkian, and minor drug offenders.
What is an example of a law that was declared unconstitutional?
15, 1883: Civil Rights Act of 1875 Declared Unconstitutional. In 1883, the U.S. Supreme Court ruled that the Civil Rights Act of 1875, forbidding discrimination in hotels, trains, and other public spaces, was unconstitutional and not authorized by the 13th or 14th Amendments of the Constitution.
What is interference with state and federal law?
§253. Interference with State and Federal law. (2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
What happens when state laws conflict with the U.S. Constitution statutes and treaties?
Grounded in the Supremacy Clause of the U.S. Constitution, federal preemption stands for the principle that federal law supersedes conflicting state law.
What happens when two laws conflict?
Conflict of laws in the United States is the field of procedural law dealing with choice of law rules when a legal action implicates the substantive laws of more than one jurisdiction and a court must determine which law is most appropriate to resolve the action.
What is it called when state law conflicts with federal law?
Federal Preemption
When state law and federal law conflict, federal law displaces, or preempts, state law, due to the [wex:Supremacy Clause] of the Constitution. U.S. Const. art. VI., § 2.
Can a legal problem involve both state and federal law?
Appeals from state courts frequently involve both state law and federal law questions.
What happens when conflicts arise between state and federal laws?
Congress can write an express provision into a bill saying that its law preempts any state laws on the subject. Even without an express preemption provision, federal laws take priority over state laws if the two come into conflict.
What is an example of conflict between state and federal law?
Marijuana Usage
This can cause conflicts in court since marijuana use is not legal under federal law since it is deemed a controlled substance. Even growers and possessors of marijuana in the state-allotted amounts can be arrested by federal authorities and prosecuted.
Can a state make a law that violates the Constitution?
States can pass laws that are unconstitutional both violating their state Constitution and the US Constitution. Challenging the laws in court will determine if the laws are Constitutional.
What happens if there is ever a conflict between a state law and a federal law that falls within the framework of the Constitution?
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.
Do state laws supersede local laws?
A local ordinance will be preempted by state law when it is in express conflict with state or federal law. there is no direct conflict if the state or federal government has fully occupied the area of law in general.
When a state law conflicts with federal law, adjudicates.?
The correct answer is a). the Supreme Court. The Supreme Court resolves disagreements between state and federal laws.
Can state law be stricter than federal law?
state laws, yes, a state can make something more restrictive, such as burglary. Under the US Code, Title 18, which is the criminal code for the federal government, burglary is against US property only.
What is interference legally?
Broadly speaking, interference in a legal setting is wrongful conduct that prevents or disturbs another in the performance of their usual activities, in the conduct of their business or contractual relations, or in the enjoyment of their full legal rights .
Do state rights supercede federal rights?
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 its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.
What is an example of violation of federal law?
Common Examples of Federal Crimes:
IRS (tax) violations and mail fraud. drug trafficking/drug possession. kidnapping. counterfeiting bills.
How many times has the Supreme Court ruled a federal law unconstitutional?
In the period 1960–2019, the Supreme Court has held 483 laws unconstitutional in whole or in part.
What is the 14th amendment insurrection clause?
It banned those who “engaged in insurrection” against the United States from holding any civil, military, or elected office without the approval of two-thirds of the House and Senate.
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.