Cecily Zamora
In the United States, federal preemption occurs when a federal law displaces a state law, rendering the latter invalid. This happens when a state law conflicts with a federal one, making compliance with both impossible. The preemption doctrine, based on the Supremacy Clause of the Constitution, dictates that federal law takes precedence over state law in such cases. While preemption usually occurs in areas where Congress and the states share authority, it can also occur when federal laws dominate a field that a state law seeks to regulate. The Supreme Court plays a pivotal role in interpreting lawmakers' intent and determining whether federal law preempts state law.
| Characteristics | Values |
|---|---|
| Supremacy Clause | Any state law that conflicts with a federal law is preempted |
| Preemption doctrine | 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 the local ordinance prohibits an act permitted by the state legislature |
| Conflict preemption | Occurs when it is impossible to comply with both state and federal regulations |
| Field preemption | Occurs when federal laws and regulations have so thoroughly covered a particular field that no room remains for the states |
| Local preemption | Local ordinances will typically preempt state law if significant interests for a particular issue vary from locality to locality |
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What You'll Learn
The Supremacy Clause
In the United States, federal preemption refers to the invalidation of a state law that conflicts with federal law. This is due to the Supremacy Clause of the Constitution, which states that a higher authority of law will displace the law of a lower authority when the two conflict. This applies to legislatures, courts, administrative agencies, and constitutions. For example, in Sperry v. Florida, 373 U.S. 379 (1963), the Supreme Court ruled that federal patent laws preempted state law regarding the licensure of attorneys. The Court held that preemption was "necessary and proper" to achieve the goals of patent laws.
The preemption doctrine can be express or implied. Express preemption occurs when a federal statute explicitly states its intent to preempt state law. For instance, in Arizona v. United States, 567 U.S. 387 (2012), the Supreme Court held that federal immigration law preempted Arizona's law penalizing undocumented immigrants working without authorization due to an express preemption clause. On the other hand, implied preemption can take the form of field preemption or conflict preemption. Field preemption occurs when federal laws thoroughly cover a field, leaving no room for state regulation. An example is Gade v. National Solid Wastes Management Association, 505 U.S. 88 (1992), where federal laws on hazardous waste preempted Illinois laws on the same issue. Conflict preemption arises when compliance with both state and federal laws is impossible, or when state law obstructs Congress's objectives.
While federal law typically preempts state law, there are situations where local ordinances can preempt state law. In City of Riverside v. Island Empire Patients Health and Wellness Center Inc., courts ruled that local ordinances should be favoured when significant interests vary from locality to locality, unless expressly forbidden by state statute. Additionally, state laws usually prevail when in conflict with local laws. Courts try to interpret laws to avoid preempting state laws and will often favour interpretations that preserve state authority.
In summary, the Supremacy Clause of the Constitution establishes that federal law supersedes state law when a conflict arises. This is known as federal preemption and can be express or implied. While federal preemption is common, local ordinances and state laws can also preempt each other in specific circumstances.
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Conflict preemption
An example of conflict preemption is seen in the case of Arizona v. United States (2012), where the Supreme Court held that federal immigration law preempted an Arizona state law that penalized undocumented immigrants working without authorization. The Court found that the Arizona law was "an obstacle to the regulatory system Congress chose". Similarly, in Sperry v. Florida (1963), the Supreme Court ruled that federal patent law preempted a Florida state law regarding the licensure of attorneys as patent agents. The Court held that preemption was "necessary and proper to accomplish" the objectives of the federal patent laws.
It is important to note that preemption is generally restricted to cases where it is explicit or necessary. While Congress has preempted state regulation in many areas, it does not have the power to force a state government to take action that it would not have otherwise taken, as per the Tenth Amendment.
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Express preemption
In the United States, federal preemption refers to the invalidation of a U.S. 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. This applies to conflicting laws from legislatures, courts, administrative agencies, or constitutions.
In City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), the court ruled that local ordinances will typically preempt state law if significant interests for a particular issue vary from locality to locality. In such cases, courts will favour the validity of local ordinances against state preemption unless the state statute expressly forbids the ordinance.
In Sperry v. Florida (1963), the Supreme Court ruled that federal patent law preempted state licensure law, despite Congress not expressly stating its intention for federal law to preempt state law. The court held that preemption was "necessary and proper to accomplish" the goals of the patent laws.
The Immigration Reform and Control Act of 1986 contained an express preemption clause, codified at 8 U.S.C. § 1324(h)(2). In Arizona v. United States (2012), the Supreme Court held that this federal immigration law preempted an Arizona state law penalizing undocumented immigrants who worked without authorization. The court found that Arizona's law was "an obstacle to the regulatory system Congress chose".
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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. For example, in the case of Gade v. National Solid Wastes Management Association, the Court ruled that federal laws governing hazardous waste preempted Illinois laws covering the same field.
Conflict preemption occurs when it is impossible to comply with both state and federal regulations, or when the state law is an obstacle to the achievement of Congress's objectives. In Arizona v. United States, the Supreme Court held that federal immigration law preempted an Arizona state law penalizing undocumented immigrants who worked without authorization. The Court found that the Arizona law was "an obstacle to the regulatory system Congress chose".
Courts have developed tests to determine when implied preemption has occurred, such as the seven-part test in Allied Vending Co. v Bowie. In addition, some states have outlawed implied preemption altogether.
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State law addressing a traditionally state-governed area
In the United States, state law refers to the law of each separate U.S. state. The fifty states are separate sovereigns, with their own state constitutions, state governments, and state courts. All states have a legislative branch that enacts state statutes, an executive branch that promulgates state regulations, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances.
States retain the power to make laws covering anything not otherwise preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate. State supreme courts are typically the final interpreters of state laws and institutions, unless their interpretation presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court.
Another example is gun control, where California's recognition of cities' broad powers to establish municipal standards in this arena has been upheld. The California Court of Appeal in Kirk v. City of Morgan Hill held that the ordinance was not preempted by state law because there was no conflict, and local governments are free to impose stricter gun regulations than state law.
In the mortgage foreclosure process, state law addresses an area that has traditionally been a matter for the state. Similarly, certain kinds of contract, tort, and property civil actions involving state law issues can be heard in federal courts under diversity jurisdiction.
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Frequently asked questions
The preemption doctrine refers to the idea that a higher authority of law will override the law of a lower authority when the two conflict. In the US, federal law displaces state law in such cases.
The Supremacy Clause of the US Constitution establishes federal law as the higher authority.
Implied preemption occurs when federal and state laws directly conflict with each other, or when federal law dominates a field that a state law also seeks to regulate.
No, federal law always takes precedence when there is a conflict. However, state laws will usually prevail when state and local laws conflict.
In *Sperry v. Florida* (1963), the Supreme Court ruled that federal patent law preempted state licensure law. In *Arizona v. United States* (2012), the Court held that federal immigration law preempted an Arizona law criminalizing undocumented immigrants working without authorization.
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