The Supremacy Clause and Preemption Flashcards
1
Q
The Supremacy Clause (Rule)
A
When governmental power belongs both to the federal government and the state, the Supremacy clause renders any state law in conflict with the federal law as void. If a state law interferes with a valid federal objective, the state law is invalid.
2
Q
Preemption (Rule)
A
Preemption occurs if it appears that Congress intended to occupy the entire filed of regulation.
3
Q
Types of Preemption
A
Preemption can be express through a conflict between federal law and state law, or implied. If the federal law does not expressly exempt state law, then it impliedly preempts state law if (1) it is significantly comprehensive in scope or (2) it creates an agency to administer the field.
