GED Social Studies TestCivics and GovernmentHard
A state passes a law that directly contradicts a federal law on the same issue. According to the Supremacy Clause of the U.S. Constitution, which law would take precedence?
- AThe state law, if it was passed first.
- BThe federal law, regardless of when it was passed.
- CNeither; the issue would be decided by a joint state-federal committee.
- DThe state law, if it was approved by a popular vote.
Show answer & explanationAnswer & explanation
Correct answer: B. The federal law, regardless of when it was passed.
The Supremacy Clause (Article VI, Clause 2) of the U.S. Constitution establishes that the Constitution and federal laws made pursuant to it are the 'supreme Law of the Land.' Therefore, federal law takes precedence over conflicting state laws.
Why the other options are wrong
- A. The timing of a law's passage does not determine its supremacy over conflicting federal law.
- C. No such joint committee exists to resolve direct conflicts between state and federal law; the Supremacy Clause provides the legal framework for resolution.
- D. Popular vote approval does not grant a state law supremacy over a conflicting federal law.
Supremacy Clause
Article VI, Clause 2 of the U.S. Constitution, which establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.
- Federal law overrides conflicting state laws
- Ensures uniformity and consistency in national law
- A cornerstone of the federal system
Memory trick: Supremacy = 'Supreme' law of the land.