Does state law supercede the federal constitution?

Answer by  patti (29325)

The state cannot create a law that violates that which is set forth in the U. S. Constitution. States rule themselves, except in matters made clear by the Constitution. For example, the Constitution says that women can vote. No state then can create a law that in any way prohibits women from voting.

Answer by  gleverance (720)

There are some powers that are expressly granted to the federal government by the Constitution, and those are the highest precedent. But the tenth amendment states that any power not expressly stated belongs to the state to regulate. But it gets very confusing: how the President is elected is federal law, but the process is determined by the states.

Answer by  Darry (3853)

Technically no because the Constitution mandates the ability to have state laws, therefore state law, which does not exist without the Constitution cannot supersede it at any point. State law can supersede federal laws in certain instances as long as it does not involve other states or foreign countries.

Answer by  Corwin (38)

No. The second paragraph in article VI is known as the "supremacy clause". This clause grants the constitution superiority over all other laws of the United States of America.

Answer by  tamarawilhite (17883)

Constitutional law come first. Federal law comes second. But states can regulate more tightly and protect consumers more than federal law.

Answer by  SandyG (807)

No. Federal law takes precedence. So if any federal law is broken during a crime, it becomes a federal matter.