Explore the legal terms and concepts related to The Supremacy Clause. Click on any term below to learn more about its definition and applications.
What happens when federal and state laws are mutually exclusive?
If federal and state laws are mutually exclusive, federal law preempts, except where the federal law...
What happens if Congress shows an intent to preempt state law?
If Congress evidences a clear intent to preempt state law, federal law preempts.
May a state impose a tax or regulation on the federal government?
No. A state may not tax or regulate federal government activity due to inter-governmental immunity....
What is field preemption?
Field preemption is a form of implied preemption. Congress preempts an entire field where: (1) it ha...
What is implied preemption?
Implied preemption occurs when federal law preempts state regulation even though Congress is technic...
What is express preemption?
Federal law expressly preempts state regulation where a federal statute states expressly that federa...
What is the supremacy clause?
Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It...
