Question

Name the sources of Law: Which Source of Law takes priority in the following situations: a)...

Name the sources of Law: Which Source of Law takes priority in the following situations: a) Federal statute that conflicts with the US Constitution b) A federal statute conflicts with a state constitutional provision c) A state statute conflicts with the common law of that state. d) A state constitutional amendment conflicts with the US Constitution

Homework Answers

Answer #1

Answer1.

1.—It is the supreme law of the land .

A law infringing upon the Constitution, regardless of what its source, will be announced unconstitutional and won't be enforced.

2. —federal law

Under the U.S. Constitution, when there is a contention between federal law and state law, federal law prevails.

3.—state case law.

State statutes are established by state legisla­tures. Areas not prevented by state statutory law are administered by state

4. —supreme law of land

State constitutions are supreme inside their respective borders unless they struggle with the U.S. Constitution

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