Quote:
Originally Posted by gluteus maximus
Just out of interest, what happens in the US when State laws conflict with Federal laws?
gm
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It depends.
If the law concerns a federal-government power specifically stated under the US Constitution, then the state law is overpowered by the federal law. (For instance, since the Constitution gives the federal government the powers of interstate commerce, in the 1970s Congress could set a speed limit of 55 mph for interstate highways.) On the other hand, under the Tenth Amendment to the Consitution, the federal government cannot make laws overriding state laws in areas not granted to the federal government in the 1789 Constitution. (Thus for example, Congress cannot simply pass a law banning same-sex marriage; the states' sovereignty regarding marriage law must be respected. The only constitutional way to ban same-sex marriage throughout the USA would be with a Constitutional marriage.)