Federalism Safeguards Flashcards
1
Q
Preemption Doctrine
A
Presumption that in all cases, but especially those involvign traditional police powers (health, saftey, welfare) that state law is NOT preempted unless Congress had a CLEAR AND MANIFEST PURPOSE TO DO SO.
2
Q
Express Preemption
A
By its very terms, federal law explicitly forbids that challenged state/local regulation.
3
Q
Conflicting Regulation
A
Federal and state/local regulation are mutually exclusive. HOWEVER CITIZEN CANNOT COMPLY WITH BOTH LAWS AT ONCE
4
Q
Frustration of Federal Purpose
A
State/local law disrupts the purpose of the federal law
5
Q
Occupation of the Field
A
Congress reserves a regulatory area for exclusive federal control
