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Con Law (Bar Exam) > Federal Preemption of State Law > Flashcards

Federal Preemption of State Law Flashcards

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1
Q

Express Preemption

A

Constitution makes the federal power exclusive or when congress enacts legislations prohibiting state regulation in the same area. must be NARROWLY CONSTRUCTED.

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2
Q

Savings Clause

A

Explicitly preserves or allows state laws that regulate in the same area.

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3
Q

Implied Preemption

A

1) Congress intended for federal law to occupy field
2) State law directly conflicts with federal law
3) State law indirectly conflicts with federal law by creating an obstacle or frustration of purpose.

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4
Q

No preemption

A

State law can enact legislation regarding the same issue

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Con Law (Bar Exam) (16 decks)

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