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Simple English definitions for legal terms

federal preemption

Read a random definition: Chapter 22

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.

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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