Can a Federal law directly overturn a state law?
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  Can a Federal law directly overturn a state law?
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Author Topic: Can a Federal law directly overturn a state law?  (Read 9717 times)
Del Tachi
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« on: February 02, 2011, 06:46:07 PM »
« edited: June 30, 2011, 04:42:41 PM by True Federalist »

Can the federal government, through an act of law, overturn a state law?  

For example,

State A passes a law mandating seat belt usage for all motorists over the age of 18.  A few year later the federal government signs a law declaring that all state seat-belt laws are null and void.  Can the feds do that under the Constitution?
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Franzl
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« Reply #1 on: February 02, 2011, 06:49:12 PM »

Can the federal government, through an act of law, overturn a state law? 

For example,

State A passes a law mandating seat belt usage for all motorists over the age of 18.  A few year later the federal government signs a law declaring that all state seat-belt laws are null and void.  Can the feds do that under the Constitution?

They wouldn't do it directly, but instead, they'd tie it to highway funding as they did back in the days of National Speed.....and what they still do with the absurd drinking age.

So yeah, they could certainly accomplish that goal.
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RI
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« Reply #2 on: February 02, 2011, 07:25:59 PM »

If federal law and state law conflict, federal law wins.

Article 6:
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minionofmidas
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« Reply #3 on: February 02, 2011, 07:38:46 PM »

If federal law and state law conflict, federal law wins.

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Provided, of course, that the feds are found to have constitutional authority over the issue in question.

In theory, of course, you could always change the constitution.
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Fmr President & Senator Polnut
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« Reply #4 on: February 02, 2011, 07:46:23 PM »

Exactly... if the Federal Government has the authority under a head of power, then the Federal law will prevail.
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Queen Mum Inks.LWC
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« Reply #5 on: February 02, 2011, 10:35:25 PM »

As long as they have the Constitutional power to regulate/legislate on that subject.  In this case, they'd probably tie it to highway funding, like they did with the drinking age.
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dead0man
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« Reply #6 on: February 05, 2011, 12:58:02 AM »

Right, even when the Feds are in the wrong, they can still trump state law with work arounds and loop holes.
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WillK
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« Reply #7 on: February 05, 2011, 02:58:36 PM »

Can the federal government, through an act of law, overturn a state law? 

For example,

State A passes a law mandating seat belt usage for all motorists over the age of 18.  A few year later the federal government signs a law declaring that all state seat-belt laws are null and void.  Can the feds do that under the Constitution?

Assuming the feds have the authority to regulate seat belt use, instead of declaring that state seat-belt laws are null and void, the feds would declare a different standard  than the state one and then claim that the fed standard trumps.  So for your example, the fed law would declare something like 'no motorist over the age of 18 is required to wear a seat belt'; it wouldn't directly acknowledge the state law of State A.   

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True Federalist (진정한 연방 주의자)
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« Reply #8 on: February 05, 2011, 03:22:22 PM »

Can the federal government, through an act of law, overturn a state law? 

For example,

State A passes a law mandating seat belt usage for all motorists over the age of 18.  A few year later the federal government signs a law declaring that all state seat-belt laws are null and void.  Can the feds do that under the Constitution?

Assuming the feds have the authority to regulate seat belt use, instead of declaring that state seat-belt laws are null and void, the feds would declare a different standard  than the state one and then claim that the fed standard trumps.  So for your example, the fed law would declare something like 'no motorist over the age of 18 is required to wear a seat belt'; it wouldn't directly acknowledge the state law of State A.   

In theory, Congress could pass a seat belt law under their power to establish post roads, since home mail delivery means that practically every road can be considered a post road.  However, they wouldn't be able to compel the State governments to enforce that law or any other Federal traffic laws.  In general, where dual sovereignty exists, the Federal government has preferred to co-opt via the power of the purse to get the states to do its bidding rather than establishing its own independent bureaucracy.  The reason is that it is less expensive for the Federal government to do it that way.  That's why programs like Medicaid are funneled through the State governments to manage.
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Bacon King
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« Reply #9 on: February 13, 2011, 02:11:26 PM »

Just curious, but what was so urgent about this question? Tongue
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Queen Mum Inks.LWC
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« Reply #10 on: February 18, 2011, 05:14:22 AM »

Just curious, but what was so urgent about this question? Tongue

I'm guessing it was a homework question...
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FEMA Camp Administrator
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« Reply #11 on: February 21, 2011, 12:11:47 PM »

Just curious, but what was so urgent about this question? Tongue

I'm guessing it was a homework question...

That was my guess.
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