Answers for your legal questions

When does state law supercede federal law? answers (228527)

People haved asked the following law querstions similar to "when does state law supercede federal law?". If you have other legal doubts, use the box above to get answers.

Q: 

Should federal law always superced state law?

A:  We already have that system. The Constitution determins what issues are state issues and which are national government issues. Check out Amendment 10: Powers not delegated to the United states by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the People. No, they should not. In fact, the constitution says that the federal government shall not impose any laws that limits the powers granted to the states. to some degree you are correct in stating that the states laws should not be

Q: 

Are you for or against the Arizona Immigration law?

A:  The portions the federal Judge struck down as unconstitutional were the portions with which I was dissatisfied, especially the racial profiling component. The portion that penalizes the ones who HIRE illegal immigrants I''m all for. President Obama has been enforcing the law more than people realize, so much so that some Liberal Democrats are saying he is being ''too hard'' on some of the illegal immigrants---he has deported more than 3X the number as his predecessor, but has also added more border guards, canine units, surveillance (both air and ground), more funding, and most recently after he invited Arizona Governor Jan Brewer to the White House for a discussion, he sent National Guard troops to the border to ease the Governor''s...

Q: 

HELP! what is the tx tip out law?! Texas

A:  I can point you to the federal rules. I do not know what TX specific rules (if any) exist for tipped employees. http://www.dol.gov/esa/whd/regs/compliance/whdfs15.htm Tip Pooling: The requirement that an employee must retain all tips does not preclude a valid tip pooling or sharing arrangement among employees who customarily and regularly receive tips, such as waiters, waitresses, bellhops, counter personnel (who serve customers), busboys/girls and service bartenders. Tipped employees may not be required to share their tips with employees who have not customarily and regularly participated in tip pooling arrangements, such as dishwashers, cooks, chefs, and janitors. Only those tips that are in excess of tips used for the tip credit may be...

Q: 

does state law supercede The federal Constitution?

A:  The state cannot create a law that violates that which is set forth in the U. S. Constitution. states rule themselves, except in matters made clear by the Constitution. For example, the Constitution says that women can vote. No state then can create a law that in any way prohibits women from voting....

Q: 

federal law says for state to receive grants for cash assistance to needy people that they must impliment a program where basicly any person receiving child support who is on cash assistance waives their right to receive child support and cannot receive child support while receiving cash assistance. but state law says that a parent has no right to waive or etc and future child support because the support is the childs and not the right of the parent so how can a parent waive child support to receive cash assistance if the state says a parent cant wave it but in federal law it says the state must take the child support? wich law supercedes?

A:  I''m not a lawyer but I was a paralegal... the way I understand it, federal law supercedes state law. A state can add to but not contradict federal law. The thing about the law you mention though, is that the parent is not technically waiveing child support; the child support money will go to the state instead of directly into the hands of the custodial parent, to supposedly be used as part of the cash aid....

Q: 

Am I being over worked?

A:  According to the federal Fair Labor Standards Act, there is no limit to the number of hours per week, or numbers of days in a row that an employee can be required to work. In cases where the state law is more lenient, it supercedes federal law. You can find the information pertinent to your state at the Indiana Department of Labor web site, under Wage and Hour division....

Q: 

Minimum wage question- is it legal to hire someone to watch your ailing father at home for $50/night?

A:  No it is not. Actually it depends on your state laws. Per federal law (Section 13(a)(15) of the FLSA exempts) domestic service employment a.k.a. companionship services are exempt from the minimum wage laws. However, this may not be the case for your state. For example, in my state home care companions must be paid minimum wage as well as overtime even if they were not hired via an agency (state law supercedes federal law.) Since you do not state what is your home

Q: 

I am 18 years and live with my mom and stepdad. i live in the state of Mississippi and i want to move out of my parents house and move in my aunt''s house but my parents won''t let me. what can i do without going through a big court deal?

A:  If I''m not mistaken, once you''re 18 you are legally an adult, so you could just up and move out. Unless your state has some weird law that supercedes federal law, you should be able to leave whenever you like. at 18 you become an adult, in the eyes of the law - your parents can no longer decide for you, only suggest At 18 I believe you are legally an adult you may leave. does your aunt want you? Why not live on your own. You don''t have to live with a watch dog. You''re 18 not 8. Mississippi may say 21, But you can be emancipated before that. Here in California you only have to be 18 to be an adult. I''m not sure...

Q: 

cease and desist notification writing only?

A:  Excerpted from the Fair Debt Collection Practices Act (FDCPA): "(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector''s further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made...

Q: 

Student Loans in Divorce

A:  Not unless you co-signed for them, which you don't mention. I doubt a court will order you to pay half of these loans. You should be telling her to talk with your lawyer (and you should hire one if you haven't). Unless there is some state law in your state that supercedes federal law, those loans are her responsiblity only. Unless you co-signed with her, which you've stated you didn't do. There's a difference between marital debt and individual debt. If she'd gone into debt buying food and paying for other marital expenses where neither of you could...