In 1992, Florida enacted a statute that required that all ocean-going ships leav

Question

In 1992, Florida enacted a statute that required that all ocean-going ships leaving Florida ports for foreign destinations must place any containers with food in them on the bow of the ship, so that ship-related fumes would not get into the containers that have food in them. In 1995, the U.S. entered into a treaty with other nations that provided that all ships must be loaded on a first-in, first-loaded basis, which conflicted with the Florida statute. Is the Florida statute still enforceable after the Treaty was entered into by the U.S.?

A. Yes, because the Florida statute was enacted earlier than the Treaty.

B. Yes, because the Treaty is not the type of federal action that can overrule a state law - only federal Constitution and Statutes can do that.

C. No, because a state law that conflicts with a federal law will always win!

D. No, because it conflicts with the provisions of the treaty.

Explanation / Answer

C. No, because a state law that conflicts with a federal law will always win!

Basically, if a federal and state law contradict, then when you're in the state you can follow the state law, but the feds can decide to stop you. When there is a conflict between a state law and federal law, it is the federal law that prevails. For example, if a federal regulation prohibits the use of medical marijuana, but a state regulation allows it, the federal law prevails.

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