Because of the Bill of Rights, state legislation that conflicts with federal legislation will preempt the federal legislation and the courts will apply the state statute without modification.

Question

Quizplus · Accepted Answer

The Supremacy Clause of the Constitution provides that federal law is the supreme law of the land, and in case of a conflict with state law, the federal law prevails. The Bill of Rights does not change this principle. Therefore, if there is a conflict between state and federal law, the federal law will preempt the state law. Courts may apply the state law only if the federal law explicitly allows for it or if the federal law is found to be unconstitutional.

Because of the Bill of Rights, State Legislation That Conflicts