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Simple English definitions for legal terms

federal preemption

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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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THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
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JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
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