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.
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This glossary post was last updated: 29th March, 2024.
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