FEDERAL PREEMPTION OF STATE LAW

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Last updated 1:03 PM on 7/5/26
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4 Terms

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Express preemption

When Federal Law Supersedes State and Municipal Laws

  • Constitution makes federal power exclusive or

  • Congress has enacted legislation explicitly prohibiting state regulation in the same area

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Implied preemption

When Federal Law Supersedes State and Municipal Laws

  • Field preemption – when Congress’s pervasive regulation shows an intent to occupy the entire field or

  • Conflict preemption – when it is nearly impossible to comply with both laws or when state/municipal law frustrates the federal law’s purpose

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If federal law does not preempt state law

If federal law does not preempt state law, then a state is free to enact legislation regarding the same issue.

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Important to note

Federal law sets a floor below which a state law cannot go, but federal law does not set a ceiling above which state law cannot go