posted by Bibi 17 on .
if a state law contadicts a federal law, what prevails?
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.
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.
Thanks for clarifying this, Guru. In this case, apparently the courts have ruled that the Constitution takes precedence over federal or state laws.