Question

Knowitall, Inc., a nonprofit organization, files a suit against the U.S. Department of Justice (DOJ), claiming that a certain federal statute the DOJ is empowered to enforce conflicts with the U.S. Constitution and with the Oklahoma Constitution.  Discuss which law has priority between the U.S. Constitution, the Federal Statute, and the Oklahoma Constitution?  (Rank all three and thoroughly explain why.)

Answer 1

Under the Supremacy clause of the Constitution any Constitutional provision will trump a Federal Statute that conflicts with the Constitution, further, and Federal Statute for an enumerated power in the Constitution will trump a conflicting state Statute. A State Statute will only survive if it supplements or does not interfere with Federal authority.