14. Supremacy Clause (Art 6)

Question 1

What is required for federal law to expressly pre-empt state law?

Answer 1

Direct conflict

Question 2

What is required for federal law to impliedly pre-empt state law?

Answer 2

State law prevents achievement of federal objective (even if not intended)
- Otherwise state law can regulate more extensively

Federal law intends to ‘pre-occupy’ entire field

• Pervasiveness (federal law)
• Uniformity need of field
• Similarity (federal law + state law)
• Historically federal/state law

Question 3

What is required for federal law to intentionally pre-empt state law?

Answer 3

1) Clear + manifest purpose
2) Pre-empt traditional state field
- Police powers

Question 4

Can state courts hear cases under federal law?

Answer 4

If Federal law is similar to State law => State court may hear case under Federal law
- To avoid discrimination vs State law

Question 5

What is required for federal law not to pre-empt state law?

Answer 5

1) State law regulates more extensively than Federal law
- Federal law: Regulation
- State law: Regulation + Stricter Reqs

2) Either;
- Congress does NOT prohibit such regulation
- State law does NOT frustrate objective of Federal law