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What are the two main concerns of constitutional law?
Constitutional law is mainly concerned with the structure of the primary organs of government. Constitutional law is also concerned with the fundamental principles according to which a state or organization is governed.
What does the supreme clause do when the state law conflicts with the federal law?
Assuming that the federal law can be said to have a reasonable connection to the Article I, Section 8 Powers given to Congress, the federal law will supersede the state law and render the state law non-operative. If the federal law is not said to have a reasonable connection to the Article I, Section 8 Powers, it is rendered unconstitutional and the state law prevails.
Which type of law focuses mostly on the rights of individuals in relation to both federal and state governments?
constitutional law
What is an example of a non constitutional law?
An example of a non-constitutional law would be statutory law, which is created by legislative bodies such as Congress or state legislatures. Statutory laws are laws that are passed by a legislative body and are not explicitly outlined in the constitution. These laws are created to regulate specific areas of society and can vary from state to state or country to country.
Can a state exist without constitution?
A Judge Barry Baskin, from Contra Costa County, California stated that, "You have no constitutional Rights!"- Yes, a judge of a state can in fact take away your constitutional rights, and with that do anything personal against you. The family courts do not follow the law, as such in most courts, there is another rules by which they play, self-preservation.
What happens when there is a conflict between a state and a federal law the?
Federal law prevails.
What constitutional clause is used to determine if a state law conflicts with federal law?
In the US Constitution, the Article VI, Section 2, Supremacy Clause declares federal law supersedes state law if the two are in conflict, but it's inaccurate to say the "clause is used to determine if a state law conflicts with federal law." Any part of the Constitution that provides guidelines for a specific law, and applies equally to the state and federal government, may be used to make that determination; the Supremacy Clause simply states if a state law conflicts with federal law, the federal law prevails.
Can a union contract override a state law?
In California, when a union contract and state law are in conflict, then whichever provides more benefit to the employee prevails.
What legal principle involves the interpretation and application of nation and state constitutions?
constitutional law
What has the author Peter J Galie written?
Peter J. Galie has written: 'The New York State Constitution' -- subject- s -: Constitutional law, Constitutions 'The New York State Constitution' -- subject- s -: Constitutional history, Constitutional law, Constitutions, New York - State - 'Ordered liberty' -- subject- s -: Constitutional history 'The New York State Constitution' -- subject- s -: Constitutional history, New York - State -, Constitutional law, Constitutions
What are the two main concerns of constitutional law?
Constitutional law is mainly concerned with the structure of the primary organs of government. Constitutional law is also concerned with the fundamental principles according to which a state or organization is governed.
What are the sources of public law?
The constitution is the only source of constitutional law.
Where state law conflicts with national law national law prevails due to what?
This is due to a thing called SubpoenaIn the US, national law overrules state law due to "the supreme law of the land" clause in the US constitution.This is similar to the doctrine known as the supremacy of EC law.
What happens when a states law conflicts with a federal?
Federal law prevails.
What has the author Robert B Keiter written?
Robert B. Keiter has written: 'The Wyoming state constitution' -- subject(s): Constitutional law, Constitutions 'The Wyoming state constitution' -- subject(s): Constitutional history, Constitutional law, Constitutions
What are the four kinds of law applied in California state courts?
- Constitutional law - Adminstrative law - Statutory law - Common law
What do constitutional laws have more power than the state law?
The Constitution is the supreme law of the land.
