Question

Which source of law takes priority in the following situations, and why?a) A federal statute conflicts with the U.S. constitution.b) A federal statute conflicts with a state constitutional provision.c) A state statute conflicts with the common law of that state.d) A state constitutional amendment conflicts with the U.S. constitution.

Answer 1

Kindly check explanation

Step-by-step explanation:

In the United States, the Supreme law of the country which takes precedence over all laws be it federal, state, or common laws. Hence, In terms of hierarchical arrangement, the U.S constitution is first, then, federal statutes, then state statutes, then common law.

A) A federal statute conflicts with the U.S. constitution., The U. S constitution will subdue the stance of the federal statute as it is the Supreme law.

b) A federal statute conflicts with a state constitutional provision.

Here, in order of hierarchy, the federal statutes take priority above the state as the state provision are behind the federal laws and will almost always conform to the provision of the United States constitution.

C.) A state statute conflicts with the common law of that state.

A state statute will take priority over the common law as statites are always prioritized ahead of common laws.

d) A state constitutional amendment conflicts with the U.S. constitution.

The U. S Constitution takes precedence and is hence prioritized above the state constitution as it is the Supreme law of the land.