740142
Descrição
Mapa Mental por ditzymuffin, atualizado more than 1 year ago
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Criado por ditzymuffin
mais de 10 anos atrás
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A. Preemption
- 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
- b. If the federal law is
unconstitutional, then the 10th
Amendment kicks in and the
State law is valid
- c. Preemption can be found in
the following situations:
- i. Express Preemption: Federal statute
explicitly says that federal law is exclusive in
an area
- ii. Implied Preemption: Even if the federal
statute is silent, there can still be implied
preemption
- 1. If the federal law and state law are
mutually exclusive (not possible to
simultaneously comply with both)
- 2. If a state local law
impermissibly interferes the
objective of a federal law
- 3. Congress evidences a clear intent
to preempt the state local laws through
its legislative history
- 1. If the federal law and state law are
mutually exclusive (not possible to
simultaneously comply with both)
- i. Express Preemption: Federal statute
explicitly says that federal law is exclusive in
an area
- 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
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