2. When a state law directly conflicts with the Constitution or federal law, it

Question

2. When a state law directly conflicts with the Constitution or federal law, it is rendered invalid under (a) The Commerce Clause (b) The Supremacy Clause (c) The Equal Protection Clause (d) The Privileges and Immunities Clause (e) None of the above 3. If the U.S. Supreme Court bases a decision only on its interpretation of a Congressional Act, and NOT as a violation the Constitution, (a) The President may disregard the Supreme Court's decision; (b) The Congress may overrule the Supreme Court by amending or changing its earlier legislation; (c) The Supreme Court's decision cannot be overruled by the Congress; (d) The U.S. Supreme Court lacks jurisdiction to hear the case; 4. The principle of legal precedent based on prior decisions is called (a) Statutory interpretation (b) Equitable interpretation (c) Stare Decisis (d) Subject Matter Jurisdiction (e) None of the above

Explanation / Answer

Question 2:

The answer is b.) The Supremacy Clause

The Supremacy Clause is a portion of article VI of the Constitution, and holds what is known as the doctrine of pre-emption according to which the federal law wins in situations of disagreement in the legislation. However, if you're in a state you may follow the State Law, but the Police may still decide to stop you.

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