On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution
a. neither provision will be enforced.
b. both provisions will be enforced.
c. the state provision will be enforced only within that state's borders.
d. the state provision will not be enforced.

Question

19-12-2022
Law

Answered

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution
a. neither provision will be enforced.
b. both provisions will be enforced.
c. the state provision will be enforced only within that state's borders.
d. the state provision will not be enforced.

Answer :

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AakanshaC AakanshaC · Answer 1 · 2022-12-21T10:52:00-05:00

The correct answer to this question is Option d.

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution, only the state provision will not be enforced.

This follows from the rule of supremacy of law doctrine.

The Supremacy Clause of Article VI, Paragraph 2 of the United States Constitution establishes that federal constitution and federal law in general take precedence over state laws and even state constitutions.

It forbids states from interfering with the federal government's exercise of its constitutional powers or performing any functions that are solely vested in the federal government.

It does not, however, give the federal government the power to examine or veto state laws before they go into effect.

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