Changes

Jump to navigation Jump to search
978 bytes added ,  04:16, May 19, 2008
m
Reverted edits by Lovelypuppet (Talk); changed back to last version by EdBot
Line 1: Line 1: −
CONSERVAPEDIA IS A BIASED AND BIGOT ENCYCLOPEDIA. I, A MARTYR OF WIKIPEDIA, DECLARE WAR ON THIS PITIFUL COVEN OF RELIGIOUS ZEALOTS
+
'''Federal preemption''' is the legal doctrine that laws of the [[United States]] supercede and trump state and local laws. The basis for preemption is the [[Supremacy Clause]] in the [[U.S. Constitution]].
 +
 
 +
Federal law preempts state law under three circumstances:
 +
 
 +
*"express preemption," where Congress explicitly preempts state law
 +
 
 +
*"field preemption," where Congress implicitly preempts state law by "occupying the entire field, leaving no room for the operation of state law"
 +
 
 +
*"conflict preemption," where courts infer preemption because "compliance with both state and federal law would be impossible, or state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress."
 +
 
 +
Courts presume that federal law does not preempt "state law in areas traditionally regulated by the States."<ref>''Aerocon Eng'g, Inc., v. Silicon Valley Bank (In re World Aux. Power Co.)'', 303 F.3d 1120 (9th Cir. 2002) (quoting ''Keams v. Tempe Technical Institute, Inc.'', 39 F.3d 222, 225 (9th Cir. 1994)).</ref>
 +
 
 +
== References ==
 +
 
 +
<references/>
 +
 
 +
[[Category:Legal Terms]]
nsTeam1RO, nsTeam1RW, nsTeam1_talkRO, nsTeam1_talkRW
11,789

edits

Navigation menu