Does Federal Law Preempt State Law

1
Does Federal Law Pre-empt State Law?

• Is there an express statement of intent to
  pre-empt?
• Can such an intent be implied?

2
Implying a Federal Intent to Pre-empt State Law

• Does federal law take over the field?
• Is state law incompatible with federal law, I.e.
  can a regulated entity comply with both laws?
• Does state law conflict with policy of federal
  law?

3
Federal Law vs. State Law

• Some issues are exclusively federal issues
• Interpretation of federal authority to act
• Exceeding authority results in invalid acts
• If Federal government chooses to act, then how
  should its action be interpreted?
• What options does the Federal government have?

4
Article VI, US Constitution

• This Constitution, and the Laws of the United
  States and all Treaties made under the
  Authority of the United States, shall be the
  supreme Law of the Land

5
Federal Government Authority

• Federal Government authority is one of enumerated
  power.
• Article I of the Constitution is the Source
• Court interpretation has expanded the list of
  enumerated powers

6
Article I, US Constitution

• Section 8 the Commerce Clause
• The Congress shall have the power to regulate
  Commerce with foreign Nations, and among the
  several States, and with the Indian Tribes

7
Tenth Amendment, US Constitution

• The powers not delegated to the United States by
  the Constitution, nor prohibited to the States,
  are reserved to the States respectively or to the
  people.

8
Government Police Power

• The inherent power and authority of government to
  protect public health, safety, morals and general
  welfare.