Warning

Info

LSDefine

Simple English definitions for legal terms

federal preemption

Read a random definition: leges tabellariae

A quick definition of federal preemption:

Federal preemption is a principle in the United States Constitution that says federal laws are more important than state laws. This means that if there is a conflict between a federal law and a state law, the federal law wins. For example, if a state law says one thing and a federal law says something different, the federal law is the one that must be followed. This is because the Constitution says that federal laws are the supreme law of the land.

A more thorough explanation:

Definition: Federal preemption is a principle in constitutional law that allows federal laws to override or replace any state laws or regulations that are inconsistent with them. This principle is derived from the Supremacy Clause of the U.S. Constitution.

Examples:

  • If a state law conflicts with a federal law, the federal law takes precedence. For example, if a state law allows the use of a certain drug that is prohibited by federal law, the federal law would preempt the state law.
  • The Garmon preemption doctrine prohibits state and local regulation of activities that are protected or prohibited by the National Labor Relations Act. For example, if a state law interferes with the right of employees to organize and bargain collectively, it would be preempted by federal law.
  • The Machinists preemption doctrine prohibits state regulation of areas of labor activity or management-union relations that Congress has intentionally left unregulated. For example, if a state law attempts to regulate the collective bargaining process between employers and unions, it would be preempted by federal law.

These examples illustrate how federal preemption can limit the power of state governments to regulate certain areas of activity. It ensures that federal laws take precedence over conflicting state laws, which helps to promote consistency and uniformity in the application of laws across the country.

Federal Power Commission | federal prison camp

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
It does. Really bad, I think my boss new I was crying in my car lolllll
sorry that sucks
That’s good! You got a good routine going?
It’s ok, we ball
we ball
Yesirrrr
yeah, try to get most of the readings done on the weekends so the weeks arent as bad
hurting for free time though
Quillinit
11:52
wasp i just looked at your cycle and did you like pee in the shoes of admissions officers?
the retroactive withdrawls really hurt me
made them question my ability to stick through law school
withdrawals in undergrad?
yeah 2 years of classes
Quillinit
11:57
ah you filed retro W's from classes in UG?
Quillinit
11:58
ah okay, sorry homie that's rough
it's fine i got into one of my top choices so im really happy
Quillinit
11:58
<3 happy for you
getting into cornell is hugeee
ayyyyy
Quillinit
11:59
^^^^^ would love to get into Cornell lmao
Quillinit
11:59
or anywhere!
you got it, believeeee
12:06
@letsseehowitgoesnow: you okay?
12:08
@ KnowledgeableRitzyWasp did u withdraw frm all your classes for two years or just a few? i have 2 W's
12:23
listening to the front bottoms at the gym again ist es over fur mich?
My wife and I saw TFB with manchester orchestra the night before thanksgiving a few years back and it was pretty damn choice
shaquilleoatmeal
12:27
yoo lets dawg what happened, you good?
LSD+ is ad-free, with DMs, discounts, case briefs & more.