Sunday, November 18, 2012

Name the clause of the Constitution that resolves conflicts between state law and national law.from recalling facts.

The portion of the Constitution you are referring to is
known as "The Supremacy Clause", and it basically states that the Constitution is the
Supreme Law of the Land, followed in order of  authority by Federal law, State law, and
then finally, Local law.  Each level is subordinate to, meaning it must not go against
the level of law above it. 


This means that a state law
that goes against a federal law is unconstitutional.  For example, 15 states have laws
making medical marijuana legal.  At the federal level, all marijuana is illegal, for any
reason.  When this issue makes it to the federal courts, the state laws will be ruled
unconstitutional because of the Supremacy Clause.


Local
laws have the least authority, and cannot contradict state law, federal law or the
Constitution.


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This Constitution, and the Laws of the United
States which shall be made in Pursuance thereof; and all Treaties made, or which shall
be made, under the Authority of the United States, shall be the supreme Law of the Land;
and the Judges in every State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary
notwithstanding.



The 10th
amendment also specifies what kinds of laws are state powers only, and this does protect
the authority of the individual states somewhat.

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