Federal Preemption

Question 1

What is starting point for any Preemption Argument

Answer 1

What is Congressional Intent?

-To determine congressional intent we look at the text of fed statute – can look at legislative history [problem is weighing it] (understand in broad and narrow)

Question 2

Contemporary theory on Preemption

Answer 2

Statute is presumed against preemption.

• If ambiguous then state law is not preempted

Question 3

Express Preemption

Answer 3

• Language expressly states State law is preempted
• Determined by Fed. Law language and if state law falls within the expressly preempted language
• How to Determining Preemption
• Have to look at Preemption clause plus the savings clause

-Savings clause is exception to express preemption clause
o Room for states to regulation
o “ex. they may regulate in this

Question 4

Implied Preemption

Answer 4

1) Conflicts Preemption
2) Obstacle Preemption
3) Field Preemption

Question 5

Conflict Preemption

Answer 5

A person cannot comply with state law and federal law. State law is preempted.
b. Test: Can I comply with the state regulation and fed. Regulation at the same time.
( If yes then no conflict. If no then conflict and state law is preempted)

Ex: Minimum wage where state is higher than federal, Can comply with both

Question 6

Obstacle Preemption

Answer 6

State Law Impedes the Achievement of a Federal Objective
a. Definition: If a state law stands as an obstacle to federal objective, then state law is preempted

b. Test
i. Start at language and history
ii. Then, does state law interfere with fed government to achieve that objective
iii. If so, state law is preempted; null and void.
iv. Look at language of the history and intent of the text

Question 7

Field Preemption

Answer 7

Definition: If Congress has exclusive control of regulation in certain area.

• Congress occupies a field, even if state law is congruent with federal law, state law is preempted (STATES CANT DO ANYTHING)
  b. Determine if Congress has occupied a field (do not rely on alone; couple with another) not strong alone

c. Ask for the purpose of the definition
d. Case: Arizona v. United States

Question 8

What can Congress day if S.C. says State law is not preempt

Answer 8

Congress has the last word. Can undue Courts work in this area. Can just re-write law to preempt the state law