answersLogoWhite

0

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.

User Avatar

Wiki User

15y ago

Still curious? Ask our experts.

Chat with our AI personalities

CoachCoach
Success isn't just about winning—it's about vision, patience, and playing the long game.
Chat with Coach
MaxineMaxine
I respect you enough to keep it real.
Chat with Maxine
FranFran
I've made my fair share of mistakes, and if I can help you avoid a few, I'd sure like to try.
Chat with Fran

Add your answer:

Earn +20 pts
Q: What does the US Constitution takes precedence over?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Continue Learning about American Government

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.