Supremacy Clause & Preemption

Question 1

Supremacy Clause

Supremacy Clause

Answer 1

Federal laws trump CONFLICTING state and local laws

Question 2

Supremacy Clause

Supremacy Clause: Express Preemption

Answer 2

If a federal law provides that it is the exclusive authority in a given area, it preempts state and local laws in that area

However, preemption provisions are NARROWLY construed

Question 3

Supremacy Clause

Supremacy Clause: Implied Preemption

Answer 3

If a federal law is silent on preemption, it implicitly preempts state law in three situations:

1) Mutual exclusivity
2) State law impedes a federal objective
3) Congress evidences a clear intent to legislate exclusively and/or preempt state law

Question 4

Supremacy Clause

Supremacy Clause: Mutual Exclusivity

Answer 4

Federal and state laws are mutually exclusive (i.e. complying with both is impossible)

*States can set stricter requirements if compliance with both federal and state laws is possible

Question 5

Supremacy Clause

Supremacy Clause: State law impedes a _______ objective

Answer 5

Federal

Question 6

Supremacy Clause

Supremacy Clause: Examples of where Congress evidences a clear intent to legislate exclusively and/or preempt state law

Answer 6

Immigration and bankruptcy law