Federal Preemption
/ˈfɛdərəl priˈɛm(p)ʃən/
Definitions
- (n.) The doctrine that federal law overrides or preempts conflicting state law.
The federal preemption doctrine prevented the state from enforcing its statute that conflicted with federal regulations.
- (n.) An area of law under which Congress may explicitly or implicitly regulate to the exclusion of states.
Federal preemption can be explicit in statutes or implied when Congress's intent to occupy the field is clear.
Related terms
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Commentary
Federal preemption is central to conflicts between federal and state law; drafters should specify whether preemption is explicit or implied to avoid ambiguity.
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.