Conflict Preemption
/ˈkɒn.flɪkt priːˈɛmʃən/
Definitions
- (n.) A doctrine under U.S. constitutional law where federal law overrides conflicting state law.
The court applied conflict preemption to invalidate the state statute that conflicted with federal regulations.
- (n.) A principle distinguishing when federal law expressly or implicitly preempts state law due to conflict.
Conflict preemption arises when state law conflicts with federal objectives, even without explicit federal preemption language.
Related terms
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Commentary
Conflict preemption is a subtype of federal preemption focusing on direct conflicts between federal and state law; drafters should clearly identify potential statutory conflicts to assess applicability.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.