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I dont understand how some federal laws cannot be strengthened by state laws within that state, while others can Is there a legal doctrine that explains this d
by rolltiide 7y ago
I dont understand how some federal laws cannot be strengthened by state laws within that state, while others can
Is there a legal doctrine that explains this discrepancy?
Wish I had examples for both scenario
I’m not talking about conflicts though
And please, no analogies you thought up in your head. Serious replies only
- SamReidHughes 7y agoIt depends on whether the federal law says so, assuming the Commerce Clause permits it. Read about the Commerce Clause for examples.
- howard941 7y agoThe question used to be whether the Federal law was so all-encompassing that it displaced all attempts by a state to regulate the subject matter in question. If it was then preempt. If not, state law survives. Preemption doctrine is not so clear cut anymore.
- javagram 7y agoRead https://en.wikipedia.org/wiki/Federal_preemption https://en.wikipedia.org/wiki/Federal_preemption
- rolltiide 7y ago> I’m not talking about conflicts though (Where preemption applies)
- javagram 7y agoThat page has one section about conflicts and other sections explaining the rest. Look for the sentence starting “ Even without a conflict between federal and state law or an express provision for preemption, the courts will infer an intention to preempt state law if the federal regulatory scheme is so pervasive...”
- rolltiide 7y agoThank you, was browsing on mobile and it condenses all the sections into headers that didnt seem to describe these exceptions