ABSTRACT

Federal Preemption: A Legal Primer [July 23, 2019]   [open pdf - 1MB]

From the Document: "The Constitution's Supremacy Clause provides that federal law is 'the supreme Law of the Land' notwithstanding any state law to the contrary. This language is the foundation for the doctrine of federal preemption, according to which federal law supersedes conflicting state laws. The Supreme Court has identified two general ways in which federal law can preempt state law. First, federal law can 'expressly' preempt state law when a federal statute or regulation contains explicit preemptive language. Second, federal law can 'impliedly' preempt state law when Congress's preemptive intent is implicit in the relevant federal law's structure and purpose."

Report Number:
CRS Report for Congress, R45825
Author:
Publisher:
Date:
2019-07-23
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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