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3 Cards in this Set
- Front
- Back
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Sources of Law
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1) The US Constitution
2) US (federal) laws 3) State constitutions 4) State laws 5) Common law 6) Equity law |
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Why does a federal law take precedence over state law?
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Because of the Supremacy clause in the US Constitution - State laws have to abide by the US Constitution.
States are bound by the US Constitution, and all Federal laws, and even by federal regulatory agency decisions |
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Federal Supremacy
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First, Congress may preempt the field
-that is, only Congress can make laws in a certain area. e.g. Broadcasting (all states abide by federal laws for tv/radio) e.g. copyright Or second, Congress may share the field - only if Congress or federal agencies have not preempted the area AND there is no conflist between the feds and states e.g. cable TV - the feds and the states share this area Third, Congress may decide not to be involved at all |
