Preemption Flashcards

(7 cards)

1
Q

When Do you Run Preemption Analysis?

A

When Congress has acted and it was w/in there powers.

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2
Q

Where does Preemption come from?

A

-derived from Art. 6 Supremacy Clause

  • Const. and laws made in pursuance to it are supreme laws of the land.
  • Congress always has authority to make fed. law exclusive
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3
Q

What are the types of Preemption?

A

Express- federal law expressly preempts state/local law

Implied- implied by a clear congressional intent to preempt

  • Obstacle: Even if not mutually exclusive. Does state law impede the achievement of a federal objective? You must identify federal objective and figure out if state law is an obstacle.
  • Conflict- compliance w/ federal law and state law is impossible. Mutually exclusive.
  • Field- Is scheme of federal law/reg is so pervasive that by its nature is exclusive and did Congress left no room for states to supplement?
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4
Q

What happened in Lorillard Tobacco v. Reilly?

A

Express

State tobacco reg. too strict and not congruent w/ fed. tobacco reg.

Court says:Congress already dealt w/ state’s concerns and prohibited state leg. in area.

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5
Q

What happened in Fl. Lime & Avocado?

A

Implied Conflict

  • Fed. Gov. says nothing about oil but you have to leave them on for certain amount of time
  • Cali says only 8% oil avocados.
  • Dual compliance not impossible. Fl can just leave them on longer
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6
Q

What happened in Pacific Gas?

A

Obstacle

  • Fed gov intended to regulate safety concerns for nuclear waste and Cali enacted regulation to make waste more efficient and ensure less build up.
  • Congress’s intent was to ensure safety and the Cali law was for purely economic reasons. Does not constitute an obstacle for the Federal reg. purpose. NO PREEMPTION
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7
Q

What happened in Hines v. Davidowitz?

A

Field

  • Alien reg. is in a field that affects international relations; the one aspect of our gov. that from the first has been most generally conceded to demand national authority and uniformity. PREEMPTION
  • Preempted even though it complimented.
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