The idea that says a state can cancel a federal law is the idea of nullification.The idea of nullification essentially says that individual states can cancel certain laws passed by the federal government if that state views the law as unconstitutional. Needless to say, this was an unsuccessful attempt by the states to disobey Federal Laws imposed by the government.
Nullification - the process of the state government ignoring the federal government when the federal government exceeds their authority. California did this with medical marijuana and illegally did it with becoming a sanctuary illegal aliens. It was legal with medical marijuana but not with illegal aliens since the illegal aliens clearly fell under federal law. This process has been invoked many times going all the way back to the Thomas Jefferson.
evolutionary theory
Easy ExplanationIn the case of McCulloch v. Maryland, the defendant, Maryland, rejects the idea that it has to obey or uphold laws passed by Congress. Maryland doesn't think the federal government has a right to pass legislation that overrules a state law.Chief Justice Marshall states the Court has to consult the US Constitution (which the states agreed to follow when they ratified it) to determine how to handle conflicting federal and state laws. He agrees that the problem is serious and must be decided peacefully based on the words of the US Constitution to prevent hostility between the state and federal government. Marshall also says the US Supreme Court, alone, has authority to determine how the Constitution should be interpreted.Even Simpler TermsMaryland says, "We've already made a law that says we can tax your bank, and you (the federal government) don't have a right to overturn our law. We don't have to listen to you. In fact, we're sticking our fingers in our ears right now."Marshall replies, "We'll see what the Constitution has to say about that. And by the way, we (the Court) are the ones who decide who wins this fight, not you."What Marshall Really Said"In the case now to be determined, the defendant, a sovereign State, denies the obligation of a law enacted by the legislature of the Union, and the plaintiff, on his part, contests the validity of an act which has been passed by the legislature of that State. The Constitution of our country, in its most interesting and vital parts, is to be considered, the conflicting powers of the Government of the Union and of its members, as marked in that Constitution, are to be discussed, and an opinion given which may essentially influence the great operations of the Government. No tribunal can approach such a question without a deep sense of its importance, and of the awful responsibility involved in its decision. But it must be decided peacefully, or remain a source of hostile legislation, perhaps, of hostility of a still more serious nature; and if it is to be so decided, by this tribunal alone can the decision be made. On the Supreme Court of the United States has the Constitution of our country devolved this important duty."Case Citation:McCulloch v. Maryland, 17 US 316 (1819)
This is the state quarter for New Jersey (1999) in the 50 State Quarter Program. The reference is to Washington's successes at the Battles of Trenton and Princeton in December, 1776 and January, 1777.
Evolutionary Theory
If it's a silver certificate with a blue seal, $20 to $60 depending on wear. If it has a green seal and says Federal Reserve Note, $12 to $20.
No. Federal law says no. State law doesn't matter if Federal law says something else.
Article 6 of the constitution says that if state laws disagree with federal laws, the federal law must be obeyed.
Federal law says 18
No, federal law outlaws marijuana and state law does not affect what federal law says.
Federal Law's trump state Law's and the federal law says a muzzle loader is NOT considered a fire arm.
supremacy clauseconstitution
The ability to enforce laws that contradict any federal law, treaty, or the constitution. If state law says 'A' and Congress passes a law that says 'B', or the US enters a treaty that says B, then the federal law overrides the state law.
you go over to where it says account and click cancel account
While not a US citizen, It is my understanding that where federal law has jurisdiction, it is supreme, state law would need to change to meet the federal requirements. Yes, the Federal Law trumps the state law.
The short answer is that the United States Constitution is the law of the land, and any law, including state law, that is not consistent with the US Constitution is superseded by the US Constitution. There is something called the Supremacy Clause, which means that all inconsistencies between federal and state law must be resolved in favor of federal law, but then the lawyers and courts argue whether the federal law in question was intended to supersede and preempt, or to just add to state law. Is the state law really and truly inconsistent, or just a little. :) If state law says you can manufacture WIDGET A, for example, and federal law says you cannot, then federal law will control, because that is a direct conflict. But if state law says you can manufacture Widget A, and federal law says you can manufacture Widgets A, B and C, but you must comply with certain requirements, or you must manufacture them all together but not individually, then state law is not superseded...it is just ... clarified a bit, if you get my meaning.
The Constitution says that laws passed by Congress are supplemental to State Laws. Both State and Federal Laws are to be upheld by all United States citizens.
The Constitution says that laws passed by Congress are supplemental to State Laws. Both State and Federal Laws are to be upheld by all United States citizens.