Federal Preemption of State Law

Question 1

Express Preemption

Answer 1

(1) When Constitution makes federal power exclusive; or

(2) Congress has enacted legislation explicitly prohibiting state regulation in the same area

Question 2

Implied Preemption

Answer 2

Can occur when:

(1) Congress intended for federal law to occupy the field;
(2) State law directly conflicts with federal law; or
(3) State law indirectly conflicts with federal law