If a law conflicts with the U.S. Constitution, what happens to the conflicting law?

If a law conflicts with the U.S. Constitution, what happens to the conflicting law?

• A. The other law would be declared invalid and unenforceable
• B. The Constitution would be amended
• C. The conflicting law takes precedence
• D. The conflict is settled by the president

Answer: (A)

When a law conflicts with the Constitution, it cannot stand because the Constitution is the supreme law of the land. The courts, using judicial review and guided by the Supremacy Clause, determine that any such law is invalid and unenforceable. The remedy isn’t to amend the Constitution for that specific conflict or to have the president override it; instead, the unconstitutional law is struck down. If lawmakers want a different result, they must pass a new law that complies with the Constitution, or the Constitution would have to be amended through the proper process.

When a law conflicts with the Constitution, it cannot stand because the Constitution is the supreme law of the land. The courts, using judicial review and guided by the Supremacy Clause, determine that any such law is invalid and unenforceable. The remedy isn’t to amend the Constitution for that specific conflict or to have the president override it; instead, the unconstitutional law is struck down. If lawmakers want a different result, they must pass a new law that complies with the Constitution, or the Constitution would have to be amended through the proper process.