Gavin Howe
Federal preemption is a concept in US law that refers to the invalidation of a state law that conflicts with federal law. This is based on the idea that federal law is the supreme law of the land, as outlined in the Supremacy Clause of the US Constitution. Preemption can occur in various forms, including express preemption, where a state law directly opposes a federal law, and implied preemption, which can take the form of field preemption or conflict preemption. Determining whether one federal law can preempt another is a complex process that involves analyzing the scope of express preemption provisions, the intent of lawmakers, and the possibility of compliance with both laws.
| Characteristics | Values |
|---|---|
| Name of doctrine | Preemption doctrine |
| What it refers to | The idea that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict |
| When it applies | When federal law conflicts with state or local law |
| What it is commonly known as | Preemption |
| What it results in | The superseding of the lower law or laws |
| What the law is called | The supreme law of the land |
| What the doctrine is restricted to | Only where it is explicit or necessary |
| What the Supreme Court tries to follow | Lawmakers' intent, and interpretations that avoid preempting state laws |
| Types of conflicts | Outright conflict, express preemption, implied preemption |
| What implied preemption can occur in | Field preemption, conflict preemption |
| What field preemption is | When federal laws and regulations have so thoroughly covered a particular field that no room remains for the states |
| What express preemption is | When the state law directly opposes a local power |
| What outright conflict is | When an ordinance directly opposes a state law |
| What implied preemption is | When the local ordinance prohibits an act permitted by the state legislature or vice versa, or when there is clear legislative intent that the "field" is preempted by state law |
| What the "field" is | When there is an extensive scope of state regulation which reflects a state intent to preempt all local regulations that are in a particular area |
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What You'll Learn
Implied preemption
There are two types of implied preemption: field preemption and conflict preemption. Field preemption occurs when federal laws and regulations have so thoroughly covered a particular field that there is no room for state laws. This is also known as "occupation of the field" and occurs when state law addresses an area that has traditionally been a matter of the state, such as the mortgage foreclosure process. Conflict preemption occurs when a conflict arises between a state and federal law, making it impossible to comply with both or putting a party in a position where complying with one law violates the other.
In "Altria Group v. Good, 555 U.S. 70 (2008)", the Supreme Court described the preemption doctrine and identified ways to determine whether Congress intended federal law to preempt state law. The Court cautioned that courts should err on the side of state rather than federal authority when evaluating evidence of Congressional intent.
Determining Congressional intent can be difficult, especially when federal laws give states some authority. Courts tend to find field preemption when federal law is the more appropriate regulatory approach, especially in issues involving the crossing of state lines. In "Rice v. Santa Fe Elevator Corporation (1947)", the Supreme Court found that federal laws regarding grain warehousing preempted state regulations, as Congress intended to occupy the entire field of grain warehouse regulation when it passed the Warehouse Act. The text and legislative history of the Warehouse Act supported this, with the House Committee stating that the purpose of the Act was to make it "independent of any State legislation on the subject."
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Conflict preemption
In some cases, conflict preemption may limit states' abilities to create their own regulations when they conflict with federal laws, leading to frustration among state lawmakers who seek to implement policies tailored to their constituents' needs. This dynamic can result in conflicts over jurisdiction and authority, prompting discussions about the balance of power between federal and state governments and raising questions about how best to protect citizens' rights within the existing legal framework.
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Express preemption
The preemption doctrine applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions. For example, the Voting Rights Act, an act of Congress, preempts state constitutions, and FDA regulations may preempt state court judgments in cases involving prescription drugs.
Determining whether federal law preempts state law requires an extensive analysis, even if a statute includes specific language preempting state law. The Supreme Court has established requirements for preemption of state law, and an Executive Order issued by President Clinton in the late 1990s addresses preemption by federal regulations.
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State law vs federal law
The US legal system is a federal system, with power shared between the federal government and state governments. The US Constitution is the supreme law of the land, and federal laws apply throughout the United States. However, each of the 50 states has its own system of laws and courts, which apply to people who live or work in that state.
Federal laws are made by Congress and apply to everyone in the United States. They cover areas such as immigration, bankruptcy, the postal service, intellectual property, and the military. Federal anti-discrimination and civil rights laws, for example, protect against racial, age, gender, and disability discrimination.
State laws, on the other hand, apply within the borders of each state and cover areas such as family law, divorce, child custody, and guardianships. States also share some powers with Congress, such as the power to lay and collect taxes.
When a federal law conflicts with a state law, the federal law generally supersedes or preempts the state law. This is known as the preemption doctrine, and it is based on the Supremacy Clause of the US Constitution, which states that laws enacted in furtherance of the Constitution are the "supreme law of the land." However, determining whether federal law preempts state law is not always straightforward and often requires extensive analysis.
There are several types of preemption:
- Express preemption: This occurs when a federal statute explicitly states that it preempts state law. For example, the Federal Cigarette Labeling and Advertising Act expressly preempts state laws on matters of labeling and advertising.
- Implied preemption: This occurs when federal and state laws directly conflict with each other, or when federal law dominates a field that a state law seeks to regulate. For instance, in Gade v. National Solid Wastes Management Association, the Supreme Court ruled that federal laws governing hazardous waste preempted Illinois laws on the same issue.
- Conflict preemption: This occurs when a state law either makes it impossible to comply with federal law or frustrates the objectives of federal law.
- Field preemption: This occurs when federal laws and regulations have so thoroughly covered a field that there is no room for state laws.
In conclusion, while federal law generally supersedes state law in cases of conflict, the relationship between the two is complex and depends on various factors, including the specific laws involved and the intent of lawmakers.
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Local law vs federal law
In the United States, there are federal, state, and local laws, each with its own system of laws and courts. Federal laws are rules that apply throughout the United States and are considered the "supreme law of the land". They are more powerful than state or local laws and take precedence over them in the event of a conflict. This is known as the preemption doctrine or the Supremacy Clause of the US Constitution.
State laws apply to people who live or work in a particular state, commonwealth, or territory, and each state has its own system of laws and courts. State laws cannot violate the US Constitution or contradict any federal law. Local laws, often called ordinances, are made by cities, towns, or counties and apply to specific communities. They may not violate state or federal laws but usually deal with issues relevant to the community, such as parking fines, water usage regulations, and decoration laws.
When federal and state laws conflict, federal law supersedes or preempts state law. This can occur through express preemption, where the state law directly opposes a federal power, or implied preemption, where the federal and state laws directly conflict or federal law dominates a field the state law seeks to regulate. For example, in Gade v. National Solid Wastes Management Association, the Supreme Court ruled that federal laws on hazardous waste preempted Illinois laws on the same issue due to the extensive scope of federal regulations.
However, determining whether federal law preempts state law is not always straightforward and requires a thorough analysis. Similarly, when state and local laws conflict, state laws usually prevail. The main question courts seek to answer is whether a conflict truly exists, and if so, what type of conflict it is: outright, express, or implied. For instance, in City of Riverside v. Island Empire Patients Health and Wellness Center Inc., the court presumed in favor of local ordinances over state preemption as the issue at hand was considered significant to the locality.
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Frequently asked questions
Federal preemption is the invalidation of a U.S. state law that conflicts with federal law.
Federal preemption occurs when federal law and state law are in conflict. Conflict arises when compliance with one law puts a party in violation of the other.
There are three types of federal preemption: outright conflict, express preemption, and implied preemption.
In Gade v. National Solid Wastes Management Association, the Supreme Court ruled that federal laws governing hazardous waste preempted Illinois laws covering the same field.
No, the U.S. Constitution declares that federal law is "the supreme law of the land."
