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When state laws are in conflict with federal laws, which takes precedence?

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When state laws are in conflict with federal laws, which takes precedence?

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Why? Answers will vary. Some students will contend that state laws take precedence based on the Tenth Amendment. Other students will argue that federal laws always take precedence unless ruled unconstitutional by the Supreme Court or if state laws are violating Constitutional rights. A further discussion of the Tenth Amendment might be appropriate to further explore these ideas. • Create a situation unrelated to medicinal drug use in which a clash between states’ rights and federal power might occur. Answers will vary but may focus on issues that are currently being debated such as: abortion, gay marriage, eminent domain as well as historical issues such as segregation and taxation policy.

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