Carreon & Associates Logo  
better credit - better life

Home> Credit Library


Bookmark and Share


The Supremacy Clause - State vs. Federal

State Law versus Federal Law - Which rules?
THE SUPREMACY CLAUSE Article. VI. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding.

'The text decrees these to be the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. (Note that the word "shall" is used, which makes it a necessity, a compulsion.) However, the Supremacy Clause only applies if the federal government is acting in pursuit of its constitutionally authorized powers, as noted by the phrase "in pursuance thereof" in the actual text of the Supremacy Clause itself.'

The "supremacy clause" is the most important guarantor of national union. It assures that the Constitution and federal laws and treaties take precedence over state law and binds all judges to adhere to that principle in their courts. - United States Senate.

Any federal law does trump any conflicting state law
Issues like credit reporting and debt collector abuse are researched by millions of consumers each and every day. Commonly, there is confusion as to whether the law to consider is a state or federal law and which one will finally rule. The Supremacy Clause in the Constitution explains that federal law always trumps state law which means federal always wins if there is a conflict between the two. If there is no conflict then the state law will be used but if there is any question or conflict of the two reading as the same, then the federal rule would win.

A common purpose of this would be if the federal Fair Credit Reporting Act offers more protection than a state fair credit act. The law with the most protection will rule.

Related stories
7 big post-divorce money mistakes

Best debt settlement strategies
Debt settlement tactics
Statute of limitations for credit reports
To raise credit score, pay delinquent debt? Or declare bankruptcy?

 

Find More Credit/Collection Articles:
Repossession & Your Car | Bankruptcy - All you need to know | Statute of Limitations | Restricted Settlements | Judgments | Sample Letters | Credit Re-Scoring | Debt Management vs. Debt Negotiations | Credit Counseling vs. Debt Consolidation | DIY Credit Repair Help | How To Improve Your Credit History | Dealing with Tax Liens | Delinquent Student Loans | Collection Agency Abuse Tips | Best Credit Repair Resources on the Web | Credit Repair & Common Sense | Credit and Divorce | Attorneys General By State | Car Loan Default Consequences | Cease and Desist Letter | Collection Laws All States | Dealing with Medical Collections (HIPPA) | Credit cards & bad credit | How to fix your credit | What can a credit repair service do for you? | See All Credit Repair Articles--->

Find Services: Credit Repair & Consumer Attorney | Credit Repair Companies | Debt Settlement Firms | Bankruptcy Attorney | See All Credit Services --->

Popular Tags: VOD | SOL | RE | DIY | Settlements | Disputes | CRA | CA | OC

 

Stay Connected To Us Socially!
Follow CarreonandAssociates twitter CarreonandAssociates Facebook Page GooglePlus CarreonandAssociates

Follow our Blog for credit repair tips!

-More Credit Services To Help You-



Free Credit Report Offer
About us | Contact us | Privacy |Please read your rights as a consumer | FTC.GOV | Terms/Disclaimer | BBB | Members Log In
Copyright Carreon & Associates 1995-2012©. Nothing on this site constitutes legal advice. We are not a law firm. We do not repair your credit for you. This is a self help educational program only. By visiting this website, you agree to our terms.
Credit Repair - Credit Reports - Debt Settlements - Consumer Credit Education Since 1995