Preemption Flashcards
What is federal preemption in general
The Supremacy Clause State that the “constitution, and the laws of the United States” are the “supreme law of the land.” Any state law that directly or indirectly conflicts with federal law is void under the Supremacy clause. However, the SC has frequently stated that there is a presumption against preemption, esp in areas in which state have traditionally exercised police power.
What is express preemption?
Federal law expressly preempted state law in cases in which the constitution makes the federal power exclusive (such as the power to coin money declare war) or when Congress has enacted legislation that explicitly prohibits state regulation in the same area.
How is express preemption generally construed?
An express federal preemption must be narrowly construed.
EX: The National Banks Act prohibited states to “exercise visitorial powers with respect to the national banks, such as conducting examinations, inspecting or requiring the production of books or records,” but it was not clear from the Act’s language whether it completely prohibited the state from exercising enforcement powers when state law is violated. The Court concluded that the Act’s structure and purpose differentiate between the sovereign’s ‘visitorial powers’ and its power to enforce the law. While the state could not issue administrative subpoenas to banks, it could file suit to punish violations of state banking law.
What are Savings clauses in the context of preemption?
Federal Law may also contain ‘saving’s clauses that explicitly preserve or allow state laws that regulate in the same area. For instance, the Clean Water Act preserves any right which any any person may have under any statute or common law.
What is Implied Preemption?
Federal Preemption is implied when any of the following circumstances exist:
- Congress Intended to Occupy the Field
- The state law directly conflicts with. The federal law
- The state law indirectly conflicts
When did Congress intend to Occupy the Field?
Congress can show express intent, such as we when new federal law requiring registration of all aliens preempted preexisting state law requiring registration of alien within the state.
Intent to occupy a field can be inferred from a framework of regulation so pervasive that Congress left no room for states to supplement it or when there is a federal interest to dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject. When Congress occupies an entire field, even complimentary state regulation is not permissible. Field preemption reflects a congressional decision to foreclose any state regulation in the area, even if it is parallel to state standards. So even making violation of a federal law a state crime is not allow if the entire field of regulation is occupied.
When does a state law conflict with federal law directly, such that the state law is preempted?
A state law directly conflicts with federal law by, for example, requiring conduct that is forbidden by the federal law or making it impossible (or nearly so) to comply with both. For example, a federal law providing that federal death benefits for state law enforcement officers be in addition to other state benefits preempted contrary state law requiring that other benefits be reduced by the amount of death.
EX: Under Section 1983 all persons who violate federal rights while under color of state law may be sued for damages. Thus, a state law shielding state corrections officers from liability under Section 1983 from being heard in state court violated the supremacy clause.
What are the two contrasting preemption examples about prescription drugs?
Preemption: Although a federal statute provides for preemption of state tort claims with regard to medical devices approved by the FDA, there is no express preemption with regard to Rx drugs. However, a state-imposed duty on generic drugs to make specific warnings was found to be in conflict with and therefore was preempted because the FDA requires generic drugs to have the same label as brand name; a company could not follow both laws at once.
No Preemption: A manufacturer of a brand-name drug failed to establish preemption of a state-law duty to warn when the manufacturer was permitted under the FDA refs to change the drug label and then request FDA approval for the change.
When does a state law indirectly conflict with federal law?
A state law indirectly conflicts with federal law when it creates an obstacle to or frustrating the accomplishment of that law’s purpose.
EX: state law suspending licenses of all drivers with unpaid accident judgments frustrates the purpose of federal bankruptcy laws to provide a fresh start.
What are the options available to states if there is no preemption?
If congress does not intend to occupy the field, a state is free to enact similar legislation.
EX: state statute prohibiting racial discrimination valid despite the existence of identical federal law.
Also, if there has not been federal preemption in a given area, a state is free to set more stringent standards that those imposed by the federal government. In addition, a state may recognize individual rights that exceed those granted by the federal constitution or federal statutes.
EX: California’s constitutional grant of greater free speech rights than the federal constitution confers is valid.
NOTE: Under the supremacy clause, federal law sets a floor below which state law generally cannot go, but it does not set a ceiling beyond which state law cannot go.
