Question

Assume that the U.S. Congress has passed a federal statute that is in conflict with a Wisconsin state constitutional provision. The state of Wisconsin argues that the constitutional provision should prevail over the statute because constitutions are a higher, more authoritative kind of law than statutes. Is this argument correct? Why or why not?

ARGUE for Wisconsin State.

Answer 1

The constitutional provision shall prevail over the statute

If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void.