Federal Preemption of State Law Flashcards
When does federal law expressly preempt state law?
When the Constitution makes federal power exclusive OR Congress has enacted legislation explicitly prohibiting state regulation in the same area.
What is the limit on express federal preemptions?
Express federal preemptions must be narrowly construed.
What is the savings clause?
The Savings Clause allows federal laws to have “savings clauses” to explicitly preserve or allow state laws to regulate in the same area as the federal law.
When does an implied preemption of federal law over state law apply?
Implied preemption occurs when any of the following exist:
-> Congress intended for federal law to occupy the field
-> state law directly conflicts with federal law (e.g. impossible to comply with both)
OR
-> state law indirectly conflicts with federal law (e.g. creating an obstacle to the law’s purpose)
What happens if there is an absence of federal law preempting state law?
If federal law does not preempt state law, a state is free to enact legislation regarding the same issue.
Federal law sets a FLOOR below which state law generally cannot got, BUT it does NOT set a CEILING beyond which state law cannot go.
How does the obligation of state courts to enforce federal law work?
A state court has jurisdiction to adjudicate federal rights UNLESS Congress expressly delegates exclusive jurisdiction to the federal court,
AND
a state cannot discriminate pianist federal rights by prohibiting its courts from hearing the case when the courts have jurisdiction to hear similar cases based on state law.
