Isn't it correct that the Federal Government always supersedes the state government no matter what?

Question

Isn't it correct that the Federal Government always supersedes the state government no matter what?

Answer 1

It depends on what you are talking about. If you are talking about "law" then yes. All states must follow federal laws, and the states are allowd to make up their own laws as long as they do not contridict the federal laws.  

Answer 2

no, it depends who has jurisdiction  

Answer 3

No. They both have their own jurisdictions.

Answer 4

Only in matters where both Federal Law and State Law address the same point.

The United States Constitution gives powers not vested in the Federal Government to the individual states. Therefore, if the specific question is not addressed in the U S Constitution, the decisions can be made by the states. Base cause of the U.S. Civil War. States Rights. Slavery was not addressed in the U.S. Constitution so the Southern States felt they had the right to make that decision. When the Federal Government said they did not have that right, they seceded and formed the Confederate States of America. May not be what your High School History said, but that's what happened.

Answer 5

the federal law must be the minimum law of the land.  So for example, if there was a federal law saying everyone must have two pairs of shoes.  Every state would have to go by that law.  But some states could say, no everyone in our state must have 4 pairs of shoes.  I know that is a stupid example, but it works.

There can be an opposite though.  Lets say the federal government legalizes cocaine.  Any state could say sorry, not in our state, and in that state it would still be illegal.  Because legalization is the minimum of that law.

the supreme court can rule for or against any state law on the grounds that it is terms with federal laws and/or the constitution.  

Answer 6

yes, generally.

Answer 7

Yes !

Answer 8

I believe so

Answer 9

yes just like state law supersedes local laws passed by your city

Answer 10

yea, that should be correct

Answer 11

That was the big argument between the federalists and the states-rights people. Still going on.to this day.

Answer 12

Nope...10th Amendment.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Answer 13

Uh, that's a definite "No!" Check out the term 'states rights' to begin to get the flavor of how power is fundamentally divided in the US.

Answer 14

Generally, although most Supreme Court decisions favor state's rights.