When does state law supercede Federal law?



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Federal law is, by virtue of the constitution, the "law of the land," meaning that it supersedes in every instance where they may pass laws covering the same issue. On things like minimum wage, it's not really an issue of superseding; if federal law says it must be $5.15 or more, and state law says it must be $7.50 or more, the state law is within the requirements of the federal law. If the state law were less than $5.15, the federal law would supersede it, because it would not be within the federal law's requirements.
When it is harder or better for the people. A state can pass a law to make minimum wage higher than the federal minimum wage.
minimum wage law is not really a supercedence.. state law NEVER supercedes federal law.. the example the other person made is not.. state laws can however go further than federal.. another example is.. the federal law for a dui is .08.. now a particular state can pass a law making it .06.. this is not superceding federal law.. the constitution prohibits that.. superceding would be if a state make the law for dui .10.. which many states did before it became a federal law.. once the feds voted in the .08.. any state laws higher were overridden.. if in fact an issue did be questioned..

i will say that for the past 50 years.. the us supreme court has mostly sided with the state and not the feds..
If a state law is less strict or offers lower punishment than the Federal law, then the federal law takes priority, but a state law can require higher or stricter standards than federal law, as in the California emmission control standards for automobiles.


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