Us Constitution V, States Law

The U.S. Constitution takes precedence over, in order of hierarchy, federal statutory law, a state constitution, state statutory law, a local ordinance, administrative rules and rulings, and common law. We can say that if there is a conflict between the State and Federal Constitution, the Federal Constitution will win through the legal doctrine of preemption. One of the founding principles of any Federal government is that where the Federal government has enacted some law, regulation, or restriction, the States who are a part of that Federal system cannot be more restrictive than the Federal law denotes. As good examples we can use the civil rights cases of Brown v. Board of Education of Topeka, Kansas y Roe v. Wade.

Before Brown v. Board of Education of Topeka case, Kansas, law said that was legal to separate students in public schools according to their ethnicity. “Separate but equal" was the law given by the Supreme Court en 1896 in the civil right case Plessy v. Ferguson. This law legalized racial segregation in schools. In 1954, this law was invalidated when the Supreme Court ruled that it was unconstitutional to separate students in public schools by race. The Supreme Court declared that was a violation of the 14th amendment that defining national citizenship and forbidding the states to restrict the basic rights of citizens or other persons, and was therefore unconstitutional. This case is considered very important because, although many considered them to be very controversial and argued that the Court had made a decision that was outside of his constitutional power, was regarded as the first step to many other Supreme Court decisions affecting the customs of the States, which were by law. As examples, we can say the separation of Church and State and the criminal system. Algo importante de aclarar es que the court was not able and did not attempt to enforce the prohibition. Resistant states had the option of responding by simply ending free...