Preemption

Written by Jonathan Milner

Definition

The principle that a valid federal law overrides, or "preempts," a conflicting state or local law. It comes from the Supremacy Clause in Article VI of the Constitution.

Example

In Arizona v. United States (2012), the Supreme Court ruled that federal immigration law preempted key parts of Arizona's SB 1070, so the state could not enforce them.

 

Questions

  1. Define preemption and identify the part of the Constitution it comes from.

  2. Explain how preemption reflects the relationship between national and state governments under federalism.

  3. Describe one area of policy where federal law commonly preempts state law.

  4. Explain why a business might prefer one federal rule over 50 different state rules.

  5. Explain one argument a state might make against federal preemption.

  6. Describe how the Supreme Court decides whether a federal law preempts a state law.

  7. Explain how preemption connects to the debate between Federalists and Anti-Federalists.

  8. Should states be allowed to pass stronger rules than the federal government on issues like the environment? Explain.

  9. What emoji would do a good job of expressing the concept preemption?

  10. Translate preemption into plain English.

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw preemption! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

Further Review

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GoPo Glossary

Jonathan Milner

Civics Maven!

https://www.gopopro.com/
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