Assume that the U.S. Congress has passed a federal statute that is in conflict with a Wisconsin state constitutional provision.
The state of Wisconsin argues that the constitutional provision should prevail over the statute because constitutions are a higher, more authoritative kind of law than statutes. Is this argument correct
The U.S. Constitution has a clause known as the Supremacy Clause that places the Constitution of the United States as well as all Federal law that are not in violation of the Constitution above State laws and Constitutions.
This is why Federal Voting rights were able to prevail over the State Constitutions in the South after the Civil War.
For this reason, the Federal Statute enacted by Congress will take precedence over the Wisconsin State Constitutional Provision.
