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Article: Preemption
- Article from:
- West's Encyclopedia of American Law
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PREEMPTION
A doctrine based on the
supremacy clause
of the U.S. Constitution that holds that certain matters are of such a national, as opposed to local, character that federal laws preempt or take precedence over state laws. As such, a state may not pass a law inconsistent with the federal law.
A doctrine of state law that holds that a state law displaces a local law or regulation that is in the same field and is in conflict or inconsistent with the state law.
Article VI, Section 2, of the U.S. Constitution provides that the "
…
Constitution, and the Laws of the United States
…
shall be the supreme Law of the Land." This Supremacy Clause has come to mean that the ...