Congressional Authority - Preemption

Question 1

What are the 4 theories as to how a federal law will preempt a state law?

Answer 1

1) Express preemption 
The final 3 are implied preemption 
2) Conflict preemption 
3) Field Preemption 
4) Conflict Obstacles to the Goal Preemption

Question 2

What is Express Preemption?

Answer 2

If federal statute explicitly states that it fulfills/ is exclusive in the field then state/ local laws are preempted.

Question 3

What is conflict preemption?

Answer 3

if federal and state laws are mutually exclusive, federal law will preempt state law. An actual conflict between a federal and state law. It is impossible to comply with both.

Question 4

What is field preemption?

Answer 4

Congress is supposed to have this whole field of laws to itself, no other law can regulate the area in which they placed their law. Congresses intent was to control the entire field.

Question 5

What is Conflict of Obstacle preemption?

Answer 5

When Congress evidences a clear intent to preempt state law, then federal law preempts state law.

Question 6

What is Inter-Governmental Immunity?

Answer 6

States cannot tax or regulate federal government activity.
A state tax on a federal store in the state but on federal land is fine. However, a state cannot tax a store on a military base.