What happens when a state law contradicts the U.S. Constitution?
Asked by: Ms. Mona McLaughlin Jr. | Last update: February 16, 2026Score: 4.7/5 (74 votes)
When a state law contradicts the U.S. Constitution, the Supremacy Clause (Article VI) dictates that the federal Constitution and valid federal laws prevail, rendering the conflicting state law unenforceable through the doctrine of federal preemption, with the U.S. Supreme Court having the final say on constitutionality through judicial review. State laws cannot override federal constitutional rights or valid federal statutes, and states lack the power to nullify federal law, a concept rejected by courts.
Can state laws contradict the U.S. 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.
What would happen if a state law violated the U.S. 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.
What happens when a state law conflicts with the U.S. Constitution?
When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution.
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.
Federal vs State Laws HD
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.
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.
Does state law trump county law?
As a general rule, whenever there is a conflict between a state law and a local ordinance, the state law has precedence and must be obeyed. The problem that you have is determining whether or not there is actually a legal conflict.
What is the court obligated to do when a law contradicts the Constitution?
In this decision, the Chief Justice asserted that the Supreme Court's responsibility to overturn unconstitutional legislation was a necessary consequence of its sworn duty to uphold the Constitution.
Can a state ignore a 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.
What supersedes state law?
The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.
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.
Has the Supreme Court ever held someone in contempt?
They were held in contempt of court and sentenced to imprisonment. It remains the only criminal trial in the history of the Supreme Court. United States v. John F.
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.
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.
Can a state pass a law that violates the Constitution?
Though courts may search for a way to reasonably interpret laws as to not conflict, any laws that do conflict with higher law - not just the Constitution - must be struck down. Congress cannot violate the Constitution either, and State laws cannot violate federal laws or treaties.
What happens if you invoke Amendment 5?
The Fifth Amendment protects against self-incrimination in criminal cases. Criminal defendants can refuse to testify, but once they do, they must answer fully. Juries cannot assume guilt if a defendant pleads the Fifth.
Who can overturn unconstitutional laws?
The Justices of the Supreme Court, nominated by the president and confirmed by the Senate, can overturn unconstitutional laws.
What happens if a state law disagrees with a federal law?
Generally, the preemption doctrine states that when a federal law conflicts with state law, the federal law prevails. While states may make their own laws, they must meet or exceed the federal standard. The supremacy clause is in Article VI of the U.S. Constitution.
Can a local ordinance supersede state law?
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.
What are three powers that states do not have?
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title ...
Can the U.S. Supreme Court override state laws by declaring them unconstitutional?
Madison in 1803, where Chief Justice John Marshall asserted the Court's role as the ultimate interpreter of the Constitution. Unlike the British legal system, which does not recognize a singular constitutional authority, the U.S. system allows the Supreme Court to declare both federal and state laws unconstitutional.
Who can reverse the judgement of the Supreme Court?
A Supreme Court decision can be overturned by another Supreme Court ruling (a new case), a Constitutional Amendment, or if the ruling interpreted a federal statute, by Congress passing a new law. While the President can't overturn a decision directly, they influence future courts through appointments, and Congress can pass legislation to clarify or change laws interpreted by the Court.
Can states violate constitutional rights?
State law is preempted if it interferes with federal law, and when states either apply the wrong federal substantive law or apply a state procedure that unnecessarily burdens a federal right, it violates the Supremacy Clause.