What happens when the federal government disagrees with state or local laws?
Asked by: Camron Terry Sr. | Last update: December 28, 2025Score: 4.4/5 (40 votes)
When state law and federal law conflict, federal law displaces, or preempts, state law, due to the [
What happens when the federal government and the state government disagree?
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 the federal government overrule state law?
The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.
What happens if a law presents a conflict between the federal and state legislature?
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 is an example of a conflict between federal and state 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.
State Law Versus Federal Law
Can local laws override state laws?
The Constitution states that city councils or boards of supervisors may pass laws (called ordinances at the local level) provided they do not conflict with state law.
Do federal agencies have to follow state laws?
Depends upon the enabling legislation for that agency. Federal buildings must meet local building codes, for example. Federal medical facilities follow local and state medical protocols. Federal land agencies generally are required to follow state environmental laws if they are more stringent.
Can a federal judge overrule a state law?
Answer: No. It is a common misconception among pro se litigants that federal courts can revisit and perhaps overturn a decision of the state courts. Only if a federal issue was part of a state court decision can the federal court review a decision by the state court.
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.
When there are disputes between state and federal laws who decides?
State courts are the final arbiters of state laws and constitutions. Their interpretation of federal law or the U.S. Constitution may be appealed to the U.S. Supreme Court. The Supreme Court may choose to hear or not to hear such cases.
What must you do if a federal state or local law conflicts with a policy in the Code of Business Conduct and Ethics?
If a law conflicts with a policy in this Code, you must comply with the law; however, if a local custom or policy conflicts with this Code, you must comply with the Code. If you have any questions about these conflicts, you should ask your supervisor how to handle the situation.
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 would happen if federal law conflicted with a state law?
When state law and federal law conflict, federal law displaces, or preempts, state law, due to the [wex:Supremacy Clause] of the Constitution.
Can local laws violate the Constitution?
State or local laws held to be preempted by federal law are void not because they contravene any provision of the Constitution, but rather because they conflict with a federal statute or treaty, and through operation of the Supremacy Clause.
When conflicts between the states and the federal government occur which body has final decision making authority?
The Supreme Court plays a very important role in our constitutional system of government. First, as the highest court in the land, it is the court of last resort for those looking for justice.
What happens if you hit a judge?
If you are convicted of assault on a judge your sentence will include prison, payment of fines, fees, and restitution, and post-release supervision. Because it is both a class C felony and also classified as a violent felony the judge will not have the flexibility of sentencing you to probation.
How many appeals do you get?
Usually there is “one appeal”, but there are higher courts who may or may not take a look at your case. In your appeal, you must state every reason why the Judge/Jury/Counsel were deficient in the case, and that is usually “one bite at the apple”.
Can you sue a state judge in federal court?
Sparkman, 435 U.S. 349 (1978). Generally, NO. There is a doctrine called judicial immunity that prevents most lawsuits against judges when they are acting in their judicial capacity.
Can state laws override federal laws?
The U.S. Constitution declares that federal law is “the supreme law of the land.” As a result, when a federal law conflicts with a state or local law, the federal law will supersede the other law or laws.
Who can enforce laws state or federal?
Many federal statutes authorize civil enforcement by both a federal agency and the states, typically through their attorneys general. State enforcement is largely decentralized, and states act on behalf of a set of interests that diverge significantly from those represented by federal enforcers.
Do federal agents have to follow state laws?
The answer is no, because the federal official has immunity from the state criminal law, derived from carrying out federal law or duties and thus protected by the Supremacy Clause- the supremacy of federal law over state law.
Why are federal laws better than state laws?
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.
What laws can a state not make?
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 Congress overrule state laws?
See Foster v. Love, 522 U.S. 67, 69 (1997) ( [I]t is well settled that the Elections Clause grants Congress 'the power to override state regulations' by establishing uniform rules for federal elections binding on the States.