Legal Question in Administrative Law in California

Re: for study

Who has determined that there is a conflict? If it is the opinion of a lay person, or anyone without a lot of training in the area of conflict of laws, I'd be inclined at first to say the person is probably mistaken in thinking that there is a conflict.

If there is a conflict, which provision prevails over the other would be determined by reference to the United States Constitution. The Federal government is a government of limited powers (believe it or not!). Its powers are those given it by the U.S. Constitution; all other powers are "reserved to the people," which really means "to the various states."

Therefore, if the subject is something where authority and power is Constitutionally granted to the Federal government, e.g. bankruptcy, interstate commerce, foreign affairs, printing money, and so on, then the state constitutional provision would have to yield to Federal authority.

Most such conflicts have been discovered and ironed out in the 19th Century.