Cecily Zamora
In the United States, federal preemption occurs when a federal law conflicts with and overtakes a state law. This is based on the preemption doctrine, which states that a higher authority of law will displace a lower authority of law in the event of a conflict. In the case of federal preemption, this means that a federal law can invalidate a state law. This can occur in various contexts, such as immigration, consumer protection, and health care. The determination of whether federal law preempts state law involves considering the intent of lawmakers and the specific circumstances of each case.
| Characteristics | Values |
|---|---|
| When federal law can preempt state law | When a federal law conflicts with a state law, the federal law will displace the state law |
| Type of conflict | Outright conflict, express preemption, implied preemption |
| Examples | The Voting Rights Act, FDA regulations, medical devices |
| Factors considered by courts | Scope of express preemption provision, intent of lawmakers, objectives of Congress |
| Notable cases | Arizona v. United States (2012), Altria Group, Inc. v. Good (2008), Williamson v. Mazda Motor of America, Inc. |
| Exceptions | State law providing greater privacy protection than the Privacy Rule |
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What You'll Learn
The preemption doctrine
Preemption 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.
There are typically three types of conflicts regarding preemption: outright conflict, express preemption, and implied preemption. An outright conflict occurs when an ordinance directly opposes a state law. Express preemption occurs when a state law directly opposes a local power. Implied preemption occurs when one of three things happen: the local ordinance prohibits an act permitted by the state legislature, the local ordinance permits an act prohibited by the state legislature, or there is clear legislative intent that the "field" is preempted by state law.
The "field" refers to an extensive scope of state regulation that reflects a state's intent to preempt all local regulations in a particular area. Occupation of the field is likely to be found when state law addresses an area that has traditionally been a matter for the state, such as the mortgage foreclosure process. Implied preemption is a controversial doctrine because it may be significantly harder to prevent than either outright or express preemption. Some states have outlawed implied preemption.
In some cases, Congress has preempted all state regulation, such as with medical devices. In other cases, such as labels on prescription drugs, Congress has allowed federal regulatory agencies to set national minimum standards while still allowing state regulations to impose more stringent standards.
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Outright conflict
In the United States, federal preemption refers to the invalidation of a state law that conflicts with federal law. The preemption doctrine dictates that a higher authority of law will displace the law of a lower authority when the two conflict. In such cases, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution.
In cases of outright conflict, the Supreme Court tries to follow lawmakers' intent and prefers interpretations that avoid preempting state laws. For example, in Altria Group v. Good, the Court emphasised that "the purpose of Congress is the ultimate touchstone in every pre-emption case". The Court wrote that when the text of a pre-emption clause is susceptible to multiple readings, courts usually "accept the reading that disfavors pre-emption".
In some cases, federal law may not preempt state law. According to City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), if significant interests for a particular issue vary from locality to locality, courts will presume that they should favour the validity of local ordinances over state preemption, unless the state statute expressly forbids the ordinance.
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Express preemption
In the United States, federal preemption occurs when a federal law conflicts with and displaces a state law. This is based on the preemption doctrine, which states that a higher authority of law will override a lower authority of law when a conflict arises. This doctrine is supported by the Supremacy Clause of the U.S. Constitution.
For example, in the case of City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), the court ruled that local ordinances could preempt state law when significant interests for a particular issue vary across localities. In this case, the local ordinance was favoured over state preemption unless the state statute expressly forbade it.
Another example of express preemption can be found in the case of Arizona v. United States (2012), where the court considered whether a state law imposing sanctions on employers who hired unauthorized aliens was preempted by federal immigration laws. This case illustrates how express preemption can occur when a state law conflicts with federal legislation in a specific area.
It's important to note that preemption cases can raise complex questions, such as the scope of preemption provisions, the intent of Congress in enacting federal laws, and the potential burden on federal objectives imposed by state laws. Courts generally start with the presumption that state laws are not preempted and seek to interpret laws in a way that avoids preemption whenever possible.
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Implied preemption
In some cases, implied preemption may be significantly harder to prevent than outright or express preemption. Some states have therefore outlawed implied preemption.
Courts have established various tests to determine when a state legislature has preempted a particular field. One such test, from Allied Vending Co. v Bowie (1993), includes seven parts:
- Whether local laws existed prior to the enactment of state laws on the same subject matter
- Whether statutes provide for pervasive administrative regulations
- Whether the ordinance regulates an area in which local control has been allowed
- Whether the state expressly gives concurrent authority
- Whether the state agency which administers/enforces the law has recognised legal authority to act
- Whether the particular aspect of the field sought to be regulated has been addressed by the state legislature
- Whether a two-tiered regulatory process would engender chaos and confusion
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State law addressing areas of traditional state authority
The "field" is usually defined as when there is an extensive scope of state regulation that reflects a state intent to preempt all local regulations in a particular area. Occupation of the field is likely to be found when state law addresses an area that has traditionally been a matter of the state, such as the mortgage foreclosure process.
In some cases, state law addressing areas of traditional state authority may conflict with federal law, leading to preemption by the federal government. For instance, in Arizona v. United States (2012), the Court addressed whether a state law imposing sanctions on employers who hire unauthorized aliens was preempted by federal immigration laws. However, it's important to note that preemption cases can raise complex questions, such as whether it's impossible to comply with both federal and state laws and whether the state law imposes a significant burden on federal objectives.
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Frequently asked questions
Federal preemption is the invalidation of a U.S. state law that conflicts with federal law.
Federal law can preempt state law when the two are in conflict. Federal preemption can occur in three types of conflicts: outright conflict, express preemption, and implied preemption.
Outright conflict occurs when a state law directly opposes a federal law. Express preemption occurs when a state law directly opposes federal power. Implied preemption occurs when the local ordinance prohibits an act permitted by federal law, or vice versa, or when there is clear legislative intent for federal preemption in a particular "field".
A "field" refers to an area with extensive state regulation, indicating a state's intent to preempt all local regulations in that area. An example of a "field" is the mortgage foreclosure process.
In Altria Group, Inc. v. Good, 555 U.S. 70 (2008), the Federal Cigarette Labeling and Advertising Act preempted a lawsuit brought under the Maine Unfair Trade Practices Act, which challenged tobacco companies' fraudulent advertising of "light" cigarettes.
