Supremacy clause: the Supremacy Clause gives Congress
the power to preempt state law. A statute may contain an express preemption
provision, see, e.g., Chamber of Commerce of United States of America v.
Whiting, 563 U. S. ___, ___, but state law must also give way to
federal law in at least two other circumstances. First, States are precluded
from regulating conduct in a field that Congress has determined must be
regulated by its exclusive governance. See Gade v. National Solid
Wastes Management Assn., 505 U. S. 88, 115. Intent can be inferred from a
framework of regulation “so pervasive . . . that Congress left no room for the
States to supplement it” or where a “federal interest is so dominant that the
federal system will be assumed to preclude enforcement of state laws on the
same subject.” Rice v. Santa Fe Elevator Corp., 331 U. S. 218,
230. Second, state laws are preempted when they conflict with federal law,
including when they stand “as an obstacle to the accomplishment and execution
of the full purposes and objectives of Congress.” Hines v. Davidowitz,
312 U. S. 52, 67 (U.S.S.Ct., 25.06.12, Arizona v. U.S., J. Kennedy).
Monday, June 25, 2012
Arizona v. U.S.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment