Asked by Bibi 17

if a state law contadicts a federal law, what prevails?

Answers

Answered by Ms. Sue
The stricter law prevails.

For instance, Michigan law guarantees special ed services from birth onward. U.S. law guarantees these services starting at age 3. So -- in Michigan, all handicapped children are eligible to receive services as soon as they are born.
Answered by GuruBlue
This is true unless it is a federal law forbidding something. For instance, federal law prohibits states from posting the Ten Commandments on government property. Some states have tried to do this and have failed in court.
Answered by Ms. Sue
Thanks for clarifying this, Guru. In this case, apparently the courts have ruled that the Constitution takes precedence over federal or state laws.
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