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March 26, 2017

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

  • civics - ,

    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.

  • civics - ,

    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.

  • civics - ,

    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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