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The relationship between the states and the federal governmentStates and the federal government have both exclusive powers and concurrent powers. There is an ongoing negotiation over the balance of power between the two levels. The relationship between the states and the federal governmentHow did the Constitution divide its powers between federal and state?Federalism limits government by creating two sovereign powers—the national government and state governments—thereby restraining the influence of both. Separation of powers imposes internal limits by dividing government against itself, giving different branches separate functions and forcing them to share power.
What happens when a state powers and federal powers are in conflict?Under this doctrine, based on the Supremacy Clause, if a state or local law conflicts with a federal law, the state or local law must give way (unless the federal law is itself unconstitutional, in other words, it exceeds the power of the federal government).
What is the relationship between federal and state law when the two conflict?Federal law trumps any state law in explicit conflict. State law subservient to federal law in case of explicit conflict. If state law affords more rights to residents, the state law is presumed to prevail. If state law affords more rights than the federal law, the state law is presumed to prevail.
What happens when a state's Constitution is in conflict with the U.S. Constitution?When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution.
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How might these two aspects of the Constitution create conflict over federal and state power
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