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Assume that there is a provision in the Colorado state constitution that is in conflict with a valid federal statute that was passed by the US Congress and enacted into law Which is true?
Wiki User
∙ 10y ago
The federal statue will control due to the Supremacy Clause.
Wiki User
∙ 10y ago
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Identify the tension caused by the commerce clause in the Constitution.?
Its grants power over congress over interstate commerce
Changing the Constitution?
The Constitution cannot be changed. The rules an provisions may be amended from time to time for clarification, but only so long as the amendment is not in direct conflict with the original intent of the founding document. If an amendment is in conflict with a rule or principle expressed in the Constitution it is unconstitutional, and therefore null and void from the time of its passage.
If congress passes a new law that conflicts with the constitution are you required to follow the new law or the US Constitution?
Sometimes Congress passes laws that are in conflict with the Constitution. Should this happen, the Supreme Court will place a ruling on the law making it void. This is because the US constitution is the supreme law of the country, and no law is allowed to go against it.
President Johnson was impeached because of a conflict between?
congress
What action can be taken by the US Supreme Court to illustrate the concept that the Constitution is the supreme law of the land?
It is this power which actually allows the court system to uphold the constitution as the supreme law of the land. It judges all laws against that of the constitution. if there is discrepancy, it is not the constitution that changes, but the law in question. The Supreme Court can find a law passed either by Congress or any of the states conflicts with the constitution and declare that it is invalid and of no force or effect. The Court has no power to simply do this on its own. The issue must come to it via a proper lawsuit which alleges that the law unconstitutionally harms a protected right. This is called the power of "judicial review". An example is the case of Gibbons v. Ogden, which involved a claim that a New York law that gave a person exclusive rights to run a ferry service between New York and New Jersey. The Supreme Court ruled that the New York law was in conflict with the provision of the Constitution that gives Congress the sole power to regulate interstate commerce. The Court ruled the law was unconstitutional and not binding because the Constitution is supreme over state laws.
What happens if there is ever a conflict between a state law and a federal law that falls within the framework of the Constitution?
The United States Constitution always, always, always trumps any state constitutions. When there is a conflict, and that conflict comes into play in a court action, the court is bound to give force to the US Constitutional provision and invalidate the state constitutional provision.
What is the difference between aw provision and rule?
A Supreme Court judgment on this point says that a rule will prevail over the provision if there is a conflict. Further in order to be a valid rule, the rule has to qualify the publication and shouldn't be against the public policy, constitution and parent Act.
Identify the tension caused by the commerce clause in the Constitution.?
Its grants power over congress over interstate commerce
Ares of conflict between congress and the president?
Refer to: What are the main causes of conflict between the President and Congress?
Changing the Constitution?
The Constitution cannot be changed. The rules an provisions may be amended from time to time for clarification, but only so long as the amendment is not in direct conflict with the original intent of the founding document. If an amendment is in conflict with a rule or principle expressed in the Constitution it is unconstitutional, and therefore null and void from the time of its passage.
If congress passes a new law that conflicts with the constitution are you required to follow the new law or the US Constitution?
Sometimes Congress passes laws that are in conflict with the Constitution. Should this happen, the Supreme Court will place a ruling on the law making it void. This is because the US constitution is the supreme law of the country, and no law is allowed to go against it.
What court has exclusive appellate jurisdiction in cases involving the validity of a provision of the Missouri Constitution?
Cases involving state constitutional questions that don't conflict with the US Constitution are heard in the state court systems. In Missouri, the Supreme Court of Missouri has ultimate authority over state constitutional issues under appellate jurisdiction.
What are the main causes of conflict between the president and Congress?
Members of Congress often have ideas very different from the president about what constitutes desirable public policy.
Does congress have control over military forces?
No, however Congress decides whether or not to get involved in conflict.
President Johnson was impeached because of a conflict between?
congress
Why did congress agree to the Missouri?
To address the conflict over slavery
What branch of the federal government has the power to overrule state laws that violate the U.S. Constitution?
The United States Supreme Court has the authority to rule a state law is unconstitutional. It has the authority to invalidate legislation and executive actions that the court considers in conflict with the United States Constitution.
