{"id":369043,"date":"2016-04-04T10:47:07","date_gmt":"2016-04-04T15:47:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/legal-system\/the-supremacy-clause-and-the-doctrine-of-preemption.html"},"modified":"2024-06-18T15:41:26","modified_gmt":"2024-06-18T20:41:26","slug":"the-supremacy-clause-and-the-doctrine-of-preemption","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/legal-system\/the-supremacy-clause-and-the-doctrine-of-preemption.html","title":{"rendered":"The Supremacy Clause and the Doctrine of Preemption"},"content":{"rendered":"\n
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The Supremacy Clause and the Doctrine of Preemption<\/h1>\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

What happens when state law conflicts with federal law? The answer lies in a doctrine known as federal preemption<\/a>. Generally, the preemption doctrine states that when a federal law conflicts with state law, the federal law prevails. While states may make their own laws, they must meet or exceed the federal standard.<\/p>\r\n

The supremacy clause is in Article VI<\/a> of the U.S. Constitution<\/a>. Article VI says federal law is the "supreme law of the land." This clause means that judges in every state must follow the federal government’s Constitution, federal laws, and treaties in matters directly or indirectly within the government’s control.<\/p>\r\n

The preemption doctrine comes from the supremacy clause. It states that federal law preempts<\/a> state law when the laws conflict. Federal law also preempts state or local law if Congress intends to regulate an area and exclude the states. But case law involving federal preemption of state laws has shown that federal law should not preempt state law "unless that was the clear and manifest purpose of Congress" (Wyeth v. Levine<\/a><\/i>).<\/p>\r\n

In the absence of a federal law, that state law controls. Generally speaking, state regulations may provide more protection for people than federal law allows.<\/p>\r\n

But, not all federal agency regulations preempt state regulations. As noted in the Supreme Court case Cipollone v. Liggett Group<\/a><\/i> (1992), a presumption against preemption invokes federalism<\/a> and state sovereignty<\/a> principles. This presumption applies in all preemption cases (Altria Group Inc. v. Good<\/a><\/i>).<\/p>\r\n

Federalism and Enumerated Federal Powers<\/h2>\r\n

Under the supremacy clause, the federal government has broad powers to create, regulate, and enforce the laws of the United States. The concept of federalism, or federal power, has a long history dating back to the late 1700s when the U.S. ratified the Constitution.<\/p>\r\n

In any preemption case, the analysis begins with the Constitution. The first question is whether the Constitution either expressly or implicitly preempts a state law. Another important factor that courts consider is Congress’ intent when passing the federal law (Medtronic Inc. v. Lohr<\/a><\/i>).<\/p>\r\n

Express Preemption<\/h3>\r\n

The federal government has certain express or "enumerated" powers specifically spelled out in the Constitution. Article I, Section 8<\/a> contains these powers. Examples of express powers include:<\/p>\r\n