Federalism

Question 1

Implied Preemption

Answer 1

Implied preemption will be found where it was the intent of the federal government to occupy the entire field with it regulation, the state law directly conflicts with the federal law, or the state provisions prevent achievement of federal objectives. For regulations involving health, safety, and welfare, the Court will presume that state police powers are not preempted unless that was the clear and manifest purpose of Congress when it enacted the federal law. The burden is on Congress to show that it intended to occupy the field/preempt.

Question 2

Intergovernmental immunity

Answer 2

State and local governments cannot tax or regulate the activities of the federal government.