Define: Preemption

Preemption
Preemption
Quick Summary of Preemption

Pre-emption in law refers to the principle that federal law takes precedence over conflicting state or local laws. It arises from the Supremacy Clause of the United States Constitution, which establishes that federal law is the “supreme law of the land.” Pre-emption can occur either explicitly, when federal statutes expressly state that they pre-empt state or local laws on the same subject matter, or implicitly, when federal regulation occupies an entire field, leaving no room for conflicting state laws. Pre-emption serves to ensure uniformity in the application of federal law across different jurisdictions and to avoid conflicts between federal and state regulations.

What is the dictionary definition of Preemption?
Dictionary Definition of Preemption
n. the rule of law that if the federal government through Congress has enacted legislation on a subject matter it shall be controlling over state laws and/or preclude the state from enacting laws on the same subject if Congress has specifically stated it has "occupied the field." If Congress has not clearly claimed preemption, a federal or state court may decide the issue on the basis of history of the legislation (debate in Congress) and practice. Example: federal standards of meat or other products have preempted state laws. However, federal and state legislation on narcotics control may parallel each other.
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This glossary post was last updated: 29th March, 2024.

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