Can states overrule federal law?
Some state or territory laws cover areas where there is no federal law or their laws can be in line with federal law.
If there is a clash between federal and state or territory laws, the federal law overrides them..
Does the federal government have power over states?
States and the federal government have both exclusive powers and concurrent powers. There is an ongoing negotiation over the balance of power between the two levels.
How does federal law affect state law?
Section 109 of the Constitution states that if the federal Parliament and a state parliament pass conflicting laws on the same subject, then the federal law overrides the state law or the part of the state law that is inconsistent with it. The law-making powers of the federal Parliament.
Why can’t a state law preempt a federal law?
The Constitution’s Supremacy Clause provides that federal law is “the supreme Law of the Land” notwithstanding any state law to the contrary. This language is the foundation for the doctrine of federal preemption, according to which federal law supersedes conflicting state laws.
What is it called when a state refuses to follow a federal law?
Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional with respect to the United States Constitution (as opposed to the state’s own constitution).