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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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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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