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==Preemption doctrine==

==Preemption doctrine==

{{main|Federal preemption}}

{{main|Federal preemption}}

The preemption doctrine is a principle derived from the supremacy of the Constitution.  It applies mainly due to the need for preventing conflicts between federal and state law.

The preemption doctrine is a principle derived from the supremacy of the Constitution.  It applies mainly due to the need for preventing conflicts between federal and state law.

When a conflict is not clear as to which law should apply, the Supreme Court will generally try to follow the intent of lawmakers.  In Ware v. Hylton, a statue was passed in the state of Virginia which secured debt payments to creditors in Britain.  The Treaty of Paris contains clauses for the treatment of British creditors, so to be consistent with the Supremacy Clause and the Constitution's [[Delegated Power]] of treaty making, the Virginia law was held to be "null and void".<ref>[https://books.google.com/books?id=ris3AAAAIAAJ&pg=PA188 Reports of Cases Ruled and Adjudged in the Several Courts of the United States, and of Pennsylvania: Held at the Seat of the Federal Government, Volume 3]<ref>

When a conflict is not clear as to which law should apply, the Supreme Court will generally try to follow the intent of lawmakers.  In Ware v. Hylton, a statue was passed in the state of Virginia which secured debt payments to creditors in Britain.  The Treaty of Paris contains clauses for the treatment of British creditors, so to be consistent with the Supremacy Clause and the Constitution's [[Delegated Powers|delegated power]] of treaty making, the Virginia law was held to be "null and void".<ref>[https://books.google.com/books?id=ris3AAAAIAAJ&pg=PA188 Reports of Cases Ruled and Adjudged in the Several Courts of the United States, and of Pennsylvania: Held at the Seat of the Federal Government, Volume 3]</ref>

==See also==

==See also==

* [[Constitutional supremacy]]

* [[Constitutional supremacy]]

* [[Federalist No. 33]]

* [[Federalist No. 33]]

[[Category:United States Law]]

[[Category:United States Law]]

[[Category:United States Constitution]]

[[Category:United States Constitution]]