Legal Question in Constitutional Law in District of Columbia

Laws

Assume that there is a provision in the Colorado state consitution that is in conflict with a statute that was passed by the U.S Congress and enacted into law. Which is true?

a) The Colorado consistutional provision will control; the federal statute is invalid.

b)The federal statute will control and make the state consitutional provision invalid.

c) In Colorado, the Colorado consistutional provision will control over the statute passed by Congress, but the federal statute will apply in the othet 49 states.

d) Within Colorado, whichever was passed earlier will control over the other.

e)Within Colorado, whichever was passed later will control over the other.


Asked on 4/09/07, 1:51 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Laws

Generally, the Doctrine of Federal Preemption will apply to these situations, i.e,. federal law will preempt conflicting state law.

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Answered on 4/09/07, 2:06 pm


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