Preemption Flashcards
1
Q
preemption is a check
A
on states if feds have already spoken
2
Q
if both state and feds have spoken
A
is state law invalid?
3
Q
Two types of preemption
A
field, conflict (betwee comolying with state and feds)
4
Q
preemption can be
A
express or implied
5
Q
presumption against
A
preemption
6
Q
see flowchart
A
9.22
7
Q
Presumption for leg
A
that every democratically enacted legislation is constitutional.
