Question

the three levels of government in the united states each have some authority, but they do not have equal power. if laws from different levels of government conflict with each other, there is an order of authority to decide which level prevails. this authority is called preemption. the constitutions supremacy clause says that laws made by the federal government are the \supreme law of the land,\ so federal law can preempt state laws if the two disagree. this means that the federal law should be followed instead of the state law. states, in turn, have the authority to preempt local governments whenever local laws contradict state laws. the city of san jose is in the state of california. which of the following could happen? select all that apply. the government of san jose could preempt a federal law. the government of california could preempt a san jose law. the federal government could preempt a california law. the government of san jose could preempt a california law.

Explanation:

According to the text, federal law can preempt state laws, and states can preempt local laws. San Jose is a local government (city), California is a state.

• The government of San Jose (local) cannot preempt federal law as federal law is supreme.
• The government of California (state) can preempt a San Jose (local) law as per the preemption order (state > local).
• The federal government can preempt a California (state) law as federal law is supreme (federal > state).
• The government of San Jose (local) cannot preempt a California (state) law as state > local.

Answer:

B. The government of California could preempt a San Jose law.
C. The federal government could preempt a California law.