Question

Several u. S. Southern states pass a law that restricts the sale of alcohol by businesses on sunday between the hours of 6am and midnight. A few weeks later, the federal government passes a law that says no jurisdiction shall restrict the sale of alcohol in any manner. Would the states still be permitted to restrict sales of alcohol within their borders?.

Answer 1

The selling of alcohol by businesses on Sundays between the hours of 6 a.m. and midnight is prohibited by legislation passed in some Southern states of the United States. A few weeks later, the federal government enacts legislation that prohibits all local governments from placing any restrictions on the sale of alcohol. Would the states still be able to impose restrictions on the sale of alcohol inside their borders?

No, because federal law preempts state law.

Because of the Constitution's Supremacy Clause, when state and federal laws conflict, federal law takes precedence over or preempts state law.

The Supremacy Clause functions to make federal law preempt state law when the federal government and a state government both pass legislation in the same field. The third provision stipulates that all federal employees, regardless of their branch of service, must swear an oath to uphold the Constitution.

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