Implied Preemption
/ɪmˈplaɪd priːˈɛmpʃən/
Definitions
- (n.) A doctrine where federal law invalidates or overrides state law even when federal statute is silent but legislative intent to preempt is inferred.
The court found that the state regulation was invalid due to implied preemption by federal law.
Forms
- implied preemptions
Related terms
See also
Commentary
Implied preemption often requires careful interpretation of congressional intent and may involve either field or conflict preemption; clarity in statutory language can reduce 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.