Federal vs. State Powers

Question 1

Federal legislation expressly stating that states cannot adopt laws concerning the subject matter of federal legislation is an example of . . .

Answer 1

express preemption.

Question 2

What is the result of a state law conflicting with a federal law?

Answer 2

the state law will be considered as impliedly preempted.

Question 3

What is the result of a state or local law preventing the completion of a federal objective?

Answer 3

the state/local law will be considered as impliedly preempted.

Question 4

How is a field of policy determined to be entirely preempted by Congress?

Answer 4

the courts will look to the regulatory scheme to deduce whether Congress intended to preempt the entire field of policy.

Question 5

How can the presumption against preemption be overcome?

Answer 5

Congress must evince a clear and manifest purpose of preempting the entire field of policy.

Question 6

What does the Interstate Compact Clause state?

Answer 6

if there is an agreement between states which increases the states’ power at the expense of federal power, Congress must approve of it to be effective.