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The U.S. Constitution takes precedence over, in order of hierarchy, federal statutory law, a state constitution, state statutory law, a local ordinance, administrative rules and rulings, and common law.
It is the "Law of the Land." It is worth knowing that the Constitution does not take precedence of the Articles of Confederation where the Treasury was created, therefor the Treasury (IRS) is not bound to the limits of the Constitution nor are its Treasury agents.
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∙ 14y ago
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Days it takes to read the US Constitution?
The constitution is not a long document. You should be able to read the whole thing in an hour or two.
Does constitutional law take precedence over case law when a State constitutional amendment conflicts with the US Constitution?
The US Constitution takes precedence over state constitutions when there are conflicts between amendments, per the Sixth Amendment Supremacy Clause. The US Supreme Court can't nullify a state constitutional amendment unless it has an opportunity to grant certiorari to a case challenging the state constitution, however. Case law relevant to conflicts between state and federal constitutional conflicts would invariably support the federal constitution. If the State constitutional amendment isn't ruled unconstitutional by the State supreme court, the US Supreme Court would overturn the amendment (if it truly represents a constitutional conflict). In one recent example, New Jersey voters ratified an amendment to their state constitution allowing them the prerogative to recall Congressmen with whom they were dissatisfied. The New Jersey amendment is unconstitutional under the US Constitution, but the Supreme Court can't do anything about it until voters attempt to recall a Senator or Representative and someone with standing (the Senator or Representative himself) files suit contesting the action. The case would have to go through the New Jersey court system and the NJ Supreme Court decision appealed to the US Supreme Court before the federal court could make a determination. The process could take several years, or the amendment could remain part of the NJ constitution indefinitely, if it's never acted upon.
How were the courts defined by the Constitution?
Courts have jurisdiction over interpretations of the constitution and can suggest amendments. The supreme court was the only one mentioned in the US constitution.
Who was the constitution about?
All the US colonies. This is teords the ends of the wars over indepence.
How did the ratification of the us constitution affect the northwest territories?
It made it that the US government had direct control over territories.
Did Chief Justice John Marshall insisted that federal laws were superior to state laws.?
Yes, in the sense that the Article VI, Supremacy Clause of the US Constitution holds the Constitution, federal law and US treaties take precedence over state laws when the two were in conflict.
Article VI establishes the supreme authority of the us government by stating what?
national laws, including the constitution and treaties, have precedence over state laws
Can the Texas legislature adopt a law that contradicts the US Constitution?
Article VI, Clause 2 of the United States Constitution (also known as the Supremacy Clause) explicitly states the Constitution, federal statutes, and US treaties as the "supreme law of the land." Under this clause, a law in effect under the national government takes precedence over any law passed by a State legislature. Therefore, it is unconstitutional for Texas to pass a law that is in contradiction to the US Constitution.
Can the constitution of the US go to countries that you take over?
If the U.S. takes over another country, the constitution can then be recognized in that country. Everything from our taxes to our rights become a part of their culture.
Who is the government in the us today?
In theory, The People. However, the US is slowly moving precariously from a Republic to a Democracy where the will of the majority takes precedence over the "rule of law." In such a form of government, the majority is in a better position to subjugate the minority.
What branch declares if laws are fair?
No branch does this.The Judicial branch ... specifically the Supreme Court ... can rule on whether laws are compatible with the US Constitution or not, and overturn laws which are not (the US Constitution is "above the law" in that all laws passed by the Legislative branch and ratified by the Executive branch are strictly subordinate to it, and in any conflict between the two, the Constitution takes precedence), but this is only peripherally related to "fairness".
Do federal statutes take precedence over the US Constitution?
a) Discuss whether or not Gerrit has committed any torts. You must e specific and support your answers. Yes, he has committed tort because he grabbed something that did not belong to him. b) If the mechanics had thrown Gerrit off the property, would ABC be guilty of assault and battery? Explain your answer. Yes, if the mechanics had thrown him off, ABC would be guilty of assault, just by throwing him off the property, they will be committing both assault and battery, even if he did not got hurt either physical or mentally
What is an example of prior restraint?
The precedence was established through the US Supreme Court ruling on the interpretation of specific factors related to freedom of the press and freedom of speech as defined in the First Amendment of the US Constitution.
If a law passed by a state is contrary to provisions of the US Constitution which law prevails?
Under the Supremacy Clause of the U.S. Constitution, all state constitutions must comply with the U.S. constitution or they are null and void.The Supremacy Clause is the "highest law" in our nation.Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and laws made pursuant to the U.S. Constitution, shall be "the supreme law of the land." The text decrees these to be the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. (Note that the word "shall" is used, which makes it a necessity, a compulsion.)
When the president takes office on Inauguration day he takes the?
He takes the oath of office in which he promises to uphold , protect and defend the US Constitution.
Who has the power over each branch?
The us constitution
Days it takes to read the US Constitution?
The constitution is not a long document. You should be able to read the whole thing in an hour or two.
