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A state law clashes with a federal law that sits within the national government's constitutional authority. Which law prevails?
AThe state law prevails
BThe newer law prevails
CThe federal law prevails
DThe older law prevails
Answer & Solution
Correct answer: C. The federal law prevails
1. The supremacy clause in Article VI declares the Constitution and federal law the supreme law of the land.
2. When a state law clashes with a valid federal law, the federal law prevails.
3. The point is that one body of laws binds the whole country, not that states lose every argument.
4. The age of a law plays no part in the rule, so the newer-law and older-law options are traps.
_Source: OpenStax American Government 3e (CC BY 4.0), Ch 3 "American Federalism", section 3.1 The Division of Powers_
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