Federal Preemption Flashcards
1
Q
When Federal Preemption is at Issue
A
When state community property law is inconsistent with Federal law, federal law prevails. To determine if there is an issue, there is a two-part test:
(1) Does the property right conflict with the express terms of federal law?
(2) If yes, does the state law cause sufficient injury to federal objectives to require preemption?
2
Q
What is Preempted
A
Thus, federal homestead law, armed forces life insurance benefits, U.S. Savings Bonds, social security law, railroad retirement benefits, and VA disability benefits preempt community property law.
