FEDERAL PREEMPTION OF STATE LAW

Question 1

Rule for when federal law does not preempt state law

Answer 1

It is possible (and common) for the federal and state governments to legislate in the same area. When this happens, the Supremacy Clause provides that federal law supersedes conflicting state law.

Any state constitutional provision or law that directly or indirectly conflicts with a federal law, including federal regulations, is void under this clause.

However, the Supreme Court has frequently stated that there is a presumption against preemption, especially in areas in which states have traditionally exercised police power. If federal law does not preempt state law, a state is free to enact legislation regarding the same issue.

Question 2

Rule for when federal statute specifically disavowed federal preemption of a contrary state law

Answer 2

The Supremacy Clause of Article VI provides that the “Constitution, and the laws of the United States” are the “supreme law of the land.”

Any state constitutional provision or law that directly or indirectly conflicts with a federal law, including federal regulations, is void under this clause.

However, in this instance, the federal statute specifically disavowed federal preemption of a contrary state law if the state law regulated insurance.