A. Preemption

Description

Graduate/law school Con Law Mind Map on A. Preemption, created by ditzymuffin on 09/04/2014.
ditzymuffin
Mind Map by ditzymuffin, updated more than 1 year ago
ditzymuffin
Created by ditzymuffin over 10 years ago
13
0

Resource summary

A. Preemption
  1. a. Article VI, cl. 2 contains the Supremacy Clause which says that if there is a conflict between a valid federal law and a valid state or local law, the state or local law is deemed to be preemptive and is struck as invalid
    1. b. If the federal law is unconstitutional, then the 10th Amendment kicks in and the State law is valid
      1. c. Preemption can be found in the following situations:
        1. i. Express Preemption: Federal statute explicitly says that federal law is exclusive in an area
          1. ii. Implied Preemption: Even if the federal statute is silent, there can still be implied preemption
            1. 1. If the federal law and state law are mutually exclusive (not possible to simultaneously comply with both)
              1. 2. If a state local law impermissibly interferes the objective of a federal law
                1. 3. Congress evidences a clear intent to preempt the state local laws through its legislative history
              2. d. States may not tax or regulate federal government activity i. The power to tax is the power to destroy, and if states could impose a tax on the federal government, they would be able to tax them out of existence
                Show full summary Hide full summary

                Similar

                IV. Federalism → Limits on State local government power
                ditzymuffin
                Due Process
                ditzymuffin
                Con Law Cases
                Michael Rush
                Federal Legislation Powers - Taxing Power
                ditzymuffin
                G. Congress’ Power under § 5 of the 14th Amendment
                ditzymuffin
                C. Levels of Scrutiny
                ditzymuffin
                Judical Pwrs Art. 3
                ditzymuffin
                Federal Legislation Powers - Commerce
                ditzymuffin
                State Sovereignty
                ditzymuffin
                Article II of the Constitution defines pwrs of the President and the Executive Branch
                ditzymuffin
                THE SCOPE OF STATE POWER
                ditzymuffin