Gavin Howe
The concept of federal preemption in the United States is a complex legal issue that arises when a federal law conflicts with a state law, rendering the state law invalid or without effect. This is based on the Supremacy Clause in Article VI of the U.S. Constitution, which establishes federal law as the supreme Law of the Land. While the Supremacy Clause grants federal law supreme authority, the preemption doctrine is nuanced, and various factors determine whether an unconstitutional federal law can preempt state law. This includes express preemption, where Congress explicitly states its intention to supersede state law, and implied preemption, where conflict or obstacle prevention takes precedence. The Supreme Court plays a pivotal role in interpreting lawmakers' intent and establishing preemption requirements, with landmark cases like Altria Group v. Good, Arizona v. United States, and Sperry v. Florida shaping the understanding of federal preemption.
| Characteristics | Values |
|---|---|
| Supremacy Clause | Federal law is the "supreme law of the land" and overrides conflicting state law |
| Preemption | A higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict |
| Express preemption | The state law directly opposes a local power |
| Implied preemption | Occurs when local law 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 |
| Conflict preemption | Occurs when it is impossible to comply with both state and federal laws |
| Field preemption | Occurs when federal laws dominate a field that a state law seeks to regulate |
| Concurrent powers | Some powers are subject to federal preemption, while some are not, such as the power to tax private citizens |
| Federalism | State regulations may provide more protection for people than federal law allows |
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What You'll Learn
The Supremacy Clause
Under the Supremacy Clause, treaties and federal statutes are considered the "supreme law of the land", with no superiority given to either. Treaties made under the authority of the United States are incorporated into U.S. federal law and are subject to judicial interpretation and review like any federal statute. The Supreme Court has the final say in matters involving federal law and can overrule decisions by state courts.
There are three types of preemption: express preemption, implied preemption, and conflict preemption. Express preemption occurs when a federal law explicitly states its intent to preempt state law. Implied preemption can occur through field preemption, where federal law dominates a field that a state law seeks to regulate, or when state and federal laws directly conflict with each other. Conflict preemption occurs when it is impossible to comply with both state and federal laws or when a state law is an obstacle to Congress's objectives.
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Express preemption
The preemption doctrine 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. In the United States, federal preemption occurs when a federal law invalidates a state law that conflicts with it. This is based on the Supremacy Clause of the U.S. Constitution, which states that federal law is "the supreme law of the land." Thus, when a federal law conflicts with a state or local law, the federal law will supersede the other law or laws.
It is important to note that the determination of whether federal law preempts state law is not always straightforward and requires an extensive analysis. While Congress can include specific language in a statute that preempts state law, even in the absence of such language, preemption could be implied by other factors. The Supreme Court plays a crucial role in interpreting the intent of Congress and determining when a federal law takes priority over state law.
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Implied preemption
Field preemption occurs when federal laws and regulations have so thoroughly covered a particular field that no room remains for the states. This is likely to be found when state law addresses an area that has traditionally been a matter for the state to decide, such as the mortgage foreclosure process.
In Sperry v. Florida, 373 U.S. 379 (1963), the Supreme Court ruled that federal law preempted state law with regard to a person's ability to act as a patent agent in Florida. While Congress did not expressly state that it intended federal patent law to preempt state licensure law, the court held that preemption was “necessary and proper to accomplish” the goals of the patent laws.
In Massachusetts Association of Health Maintenance Organizations v. Ruthardt, 194 F.3d 176, 179 (1st Cir. 1999), the court found that implied preemption can occur in two ways: field preemption or conflict preemption.
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Conflict preemption
In some cases, conflict preemption may be significantly harder to prevent than outright or express preemption. This is because implied preemption, which includes conflict preemption, is a controversial doctrine. Some states have outlawed implied preemption altogether.
It is important to note that the Supreme Court tries to avoid preempting state laws and prefers interpretations that uphold state authority. The main question courts seek to answer is whether a conflict exists between state and federal laws.
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Field preemption
An example of field preemption is Pennsylvania v. Nelson, 350 U.S. 497 (1956), where federal law entirely occupied the field of criminal sedition, leaving no room for states to regulate. Another example is Arizona v. United States, 567 U.S. 387 (2012), where the Supreme Court ruled that federal immigration law preempted an Arizona state law that penalized undocumented immigrants working without authorization. The Court found that Arizona's law was "an obstacle to the regulatory system Congress chose."
The preemption doctrine, or the idea that a higher authority of law displaces a lower authority when they conflict, is based on the Supremacy Clause of the U.S. Constitution, which declares that federal law is "the supreme law of the land." While Congress can include explicit language in a statute that preempts state law, preemption may also be implied by other factors. The Supreme Court has established requirements for preemption of state law, and courts generally try to follow lawmakers' intent, preferring interpretations that avoid preempting state laws.
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Frequently asked questions
The preemption doctrine 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 state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution.
There are three types of preemption: outright conflict, express preemption, and implied preemption. Outright conflict occurs when an ordinance directly opposes a state law. Express preemption occurs when the state law directly opposes a local power. Implied preemption occurs when the local ordinance prohibits an act permitted by the state legislature, or when a local ordinance permits an act prohibited by the state legislature.
Federal law will almost always prevail when it interferes or conflicts with state law. Unless the U.S. Supreme Court declares the federal law unconstitutional, or in situations where the supremacy clause does not apply, federal law will likely prevail.
