Preemption

Question 1

Express preemption

Answer 1

When Constitution makes federal power exclusive or Congress enacted legislation explicitly prohibiting state regulation in same area. Must be narrowly construed.

Question 2

Implied preemption

Answer 2

1. Congress intended for federal law to occupy the field
2. State law directly conflicts with federal law, or
3. State law indirectly conflicts with federal law by creating obstacle to law’s purpose

Question 3

Absence of preemption

Answer 3

State law can set more stringent standards or recognize greater individual rights than federal law if no preemption