What happens if a state disagrees with a federal law?

When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause
Supremacy Clause
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.
https://en.wikipedia.org › wiki › Supremacy_Clause
of the Constitution.
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Can a state go against federal law?

The Supreme Court held that under Article III of the Constitution, the federal courts have the final jurisdiction in all cases involving the Constitution and laws of the United States, and that the states therefore cannot interfere with federal court judgments.
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Can a state court overrule a federal law?

Similarly, state courts must sometimes decide issues of federal law, but they are not bound by federal courts except the U.S. Supreme Court. A decision of the U.S. Supreme Court, a federal court, is binding on state courts when it decides an issue of federal law, such as Constitutional interpretation.
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How can states pass laws that contradict federal law?

Under the doctrine of preemption, which is based on the Supremacy Clause, federal law preempts state law, even when the laws conflict. Thus, a federal court may require a state to stop certain behavior it believes interferes with, or is in conflict with, federal law.
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Does federal government have power over states?

The Tenth Amendment declares, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." In other words, states have all powers not granted to the federal government by the Constitution.
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WHEN CAN states sue the federal government?

L. REV. 845, 849–50 (2012) (contending that States may sue the federal government only to protect their own “federal interests”—rights conferred by the Constitution or federal law—and not to challenge federal preemption).
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Can a state make a law that violates 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.
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What happens if a state law conflicts with a national law quizlet?

The Supremacy Clause provides that the Constitution and federal laws are the supreme law of the land. Where there is a conflict between federal and state law, the federal law will control and the state law is rendered void.
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How does federal law affect state law?

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. This is commonly known as “preemption.” In practice, it is usually not as simple as this.
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How does federal law affect state law quizlet?

If a state law conflicts with a valid federal law, then the state law is preempted and invalidated by the conflicting federal law. Under the Supremacy Clause, federal laws and ratified treaties are the supreme law of the land.
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What does it mean for federal law to be supreme in conflicts between federal and state laws quizlet?

The Supremacy Clause provides that the "Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made . . . shall be the supreme law of the land." This clause establishes a hierarchy of law under which federal law preempts state law in the event of a conflict.
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Why do states have to follow certain federal rules?

States have to follow certain rules because their citizens are also protected by the U.S Constitution and federal laws. In Article VI of the Constitution, the supremacy clause states that the Constitution is supreme over any state laws.
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Can state law be more restrictive than federal law?

While states can give people more rights than federal law, states cannot be more restrictive than federal laws. State laws may not infringe on federal law, meaning that if a right is afforded to Washington State residents on a federal level, the state legislature may not infringe on those rights.
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Can the Supreme Court overturn federal law?

Yes, Congress could pass a federal law that supersedes a Supreme Court ruling. If Congress passes a law that supersedes a Supreme Court ruling, the Supreme Court could later deem that law unconstitutional and strike it down.
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What does the 11th Amendment mean in simple terms?

The Eleventh Amendment's text prohibits the federal courts from hearing certain lawsuits against states. The Amendment has also been interpreted to mean that state courts do not have to hear certain suits against the state, if those suits are based on federal law.
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What does the 16th Amendment guarantee?

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
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What powers does the 10th Amendment Reserve?

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
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Does an executive order supersede state law?

Executive Orders also must be “valid” in order to preempt state law.
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What happens when two state laws conflict?

The Supreme Court has made it amply clear that based upon this constitutional provision, every state must treat the judgment given by another state as valid and must help in enforcing the judgment. The only exception to this rule is that a state need not enforce the penal law claims of another state.
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What power does the states have?

So long as their laws do not contradict national laws, state governments can prescribe policies on commerce, taxation, healthcare, education, and many other issues within their state. Notably, both the states and the federal government have the power to tax, make and enforce laws, charter banks, and borrow money.
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What action did Jefferson believe states could take if they did not approve a federal law?

Jefferson's draft resolutions claimed states had the right to nullify federal laws and acts that violated the Constitution.
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Which of the following are powers given only to states not the federal government )?

Answer. The state goverment only have the power to tax, make and enforce laws, charter banks, and borrow money.
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When a dispute happens within a state who should have the ultimate authority the state government or the federal government why *?

This means that if a state law clashes with a federal law found to be within the national government's constitutional authority, the federal law prevails. The intent of the supremacy clause is not to subordinate the states to the federal government; rather, it affirms that one body of laws binds the country.
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Which clause of the U.S. Constitution resolves conflicts between federal and state law?

Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.
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