Preemption Challenge and its Arguments

The Supremacy Clause of Article VI in the Constitution gives Congress the power to enact federal law that supersedes state law regarding matters that are of national importance rather than local importance. This is known as preemption. According to preemption law doctrine, any state law that is inconsistent with federal law must be declared invalid.

The Two Types of Preemption Arguments

The two different types of preemption arguments are express preemption and implied preemption. In express argument, language must be found that expressly declares a law that preempts state law. Implied preemption, on the other hand, occurs when there is no express language that preempts that law, but the law contains implicit language that Congress intended for the federal government to have power to make laws about certain issues.

There are three types of results that come out of a preemption challenge. First, the Court finds that federal law and state law are in conflict with each other and gives its decision in favor of the federal government according to the Supremacy Clause. Second, there may be an issue where state law and federal law can both be exercised without any problems. In this case, however, Congress will gauge if the state law prevents the execution of a federal law. Third, the Court tries to see if the federal government has passed a law regarding a field that was intended for the federal government itself to oversee in its entirety. More than one of these types of preemption challenges is argued in a preemption challenge.

The challenger must identify the best route to take in order to win a challenge. Palm Springs government law firm has experts that may help in such cases.

Contact Our Palm Springs Government Law Firm for a Consultation

Contact us at 760-322-2275 to schedule a consultation and learn more about our government law experience and how we help you.