Tuesday, March 24, 2015

Constitutions vs. Sate StatutesCan State statues supersede State and Fed. Const. in civil matters?

Question

Constitutions vs. Sate Statutes

Can State statues supersede State and Fed. Const. in civil matters?



Answer

Re: Constitutions vs. Sate Statutes

Sometimes. Statutes can create exceptions to common law, but then must be strictly construed so as not to do harm.

However, statutes must be constitutional. When a federal law superscedes a state law, that's called preemption. Usually if there is a law on point the State law prevails unless the Federal one specifically says it preempts.

Hope this helps. Powell



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