National Rights Council, a nonprofit organization, files a suit against the U. S. Department of Justice (DOJ), claiming that a certain federal statute the DOJ is empowered to enforce conflicts with the U. S. Constitution and with a state constitution. In each situation, which source of law has priority?

Question

Law

Bernard Rush

30 June, 07:51

National Rights Council, a nonprofit organization, files a suit against the U. S. Department of Justice (DOJ), claiming that a certain federal statute the DOJ is empowered to enforce conflicts with the U. S. Constitution and with a state constitution. In each situation, which source of law has priority?

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Answers (1)

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Willis · Answer 1

The U. S constitution is supreme law of the land.

Explanation:

A law in violation of the constitution, no matter what its source or content may be, will be declared null and void and non-forcible in this land. Thus, the federal statute does not override the U. S Constitution in any case or situation whatsoever. U. s Constitution is supreme on all laws of the land.

However, when there is conflict between federal law and State law, the federal law will prevail because under the U. S constitution it is clearly mentioned that when there is conflict between federal and state law, the federal law will prevail over state law.