Doctrine of Preemption

Paper Summary:

This paper addressed how the allocation of authority between the national and state governments is primarily ruled by the doctrine of preemption. When Congress passes an Act, the Act preempts any state law that either does or potentially could conflict with the federal law. This doctrine includes dormant federal powers and prohibits states from acting when the federal government has not acted, but could act, on a particular matter. Furthermore, this paper discusses various types of preemption (conflict, field, express) that may be applied when federal and state legislation conflict. Also discussed briefly is the power of the president per the Constitution.

From the Paper:

"While the concept of dual sovereignty dominated the nineteenth century, in modern times the allocation of authority between the national and state governments is primarily ruled by the doctrine of preemption. When Congress passes an Act, the Act preempts state law that either does or potentially could conflict with the federal law. This doctrine includes dormant federal powers, and prohibits states from acting when the federal government has not acted but could act on a particular matter."

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