Question

A rule promulgated by the Environmental Protection Agency (EPA) limits the amount of carbon that can be emitted from a car’s exhaust system. New York has a state law that allows for much higher emissions. In this situation, under the supremacy clause:a. New York's law takes precedence.

b. the EPA's decision takes precedence.
c. both laws are struck down as invalid.
d. both laws are applied concurrently.

Answer 1

B) the EPA's decision takes precedence.

Step-by-step explanation:

The environmental protection agency (EPA) is a federal government agency, and all federal government's regulations, policies and laws are hierarchically superior to state and municipal laws and regulations. In a similar way, state laws and regulations are hierarchically superior to municipal laws and regulations.

The highest law of the land is the US Constitution but it doesn't include specific laws or regulations, it states rights and obligations of the citizens, and assigns powers and responsibilities to different government branches.

Answer 2

The correct answer is b. the EPA's decision takes precedence. .

Step-by-step explanation:

The supremacy is a theoretical principle of the constitutional Law that postulates, originally, to locate the Constitution of a country hierarchically above all the legal order of that country, considering it as the Supreme Law of the State and foundation of the legal system. According to each country, international treaties, international conventions or international covenants will or will not enjoy the same rank as the National Constitution of each one of them.