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Supremacy of Federal Authority

How federal law and authority rank against state and local ones.

Rule

Where federal law or a federal order conflicts with state or local law, federal law applies. Federal agencies may carry out their duties anywhere in the state.

Limits

  • Federal authority applies only to matters the law places under federal control, such as those in the Federal Code.
  • Federal agencies must follow the same constitutional rights and procedures as any other agency.
  • Federal authority does not remove the duty to treat people lawfully under the Rights of the Accused.

Effect on local officers

Local officers must not obstruct a lawful federal action and should refer federal matters to the proper agency. They are not required to enforce federal law on the federal agency's behalf.

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