Question

Federal law is said to preempt a conflicting state or local law, regulation, or ordinance if what?"

a) The state law is identical to the federal law
b) The state law is more recent than the federal law
c) The federal law specifically states that it preempts state law
d) The state law has more public support

Answer 1

The Supremacy Clause in Article VI of the Constitution establishes that federal law prevails over conflicting state law. It is not necessary for the federal law to specifically state that it preempts state law.

Step-by-step explanation:

The Supremacy Clause in Article VI of the Constitution establishes that the Constitution, federal laws, and federal treaties are the supreme law of the land. Therefore, if a state law conflicts with a federal law that falls within the constitutional authority of the national government, the federal law prevails. It is not necessary for the federal law to specifically state that it preempts state law. Instead, the supremacy of federal law is implied by the Constitution.