preemption

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noun

The act of taking something for oneself: appropriation, arrogation, assumption, seizure, usurpation. See give/take/reciprocity.

The right to purchase property before, or in preference to, others.

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 national government, in exercising any of the powers enumerated in the Constitution, must prevail over any conflicting or inconsistent state exercise of power. The federal preemption doctrine is a judicial response to the conflict between federal and state legislation. When it is clearly established that a federal law preempts a state law, the state law must be declared invalid.

A state law may be struck down even when it does not explicitly conflict with federal law, if a court finds that Congress has legitimately occupied the field with federal legislation. Questions in this area require careful balancing of important state and federal interests. Problems arise when Congress fails to make its purpose explicit, which is often the case. The court must then draw inferences based on the presumed objectives of federal law and the supposed impact of related state action.

The federal right to regulate interstate commerce under the Commerce Clause of the U.S. Constitution has resulted in federal preemption of state labor laws. Likewise, the Supreme Court, in Burbank v. Lockheed Air Terminal, 411 U.S. 624, 93 S. Ct. 1854, 36 L. Ed. 2d 547 (1973), declared that state and local laws that interfere with comprehensive federal environmental laws and regulations are invalid.

In California v. Federal Energy Regulatory Commission, 495 U.S. 490, 110 S. Ct. 2024, 109 L. Ed. 2d 474 (1990), the Supreme Court held that state regulations imposing minimum flow rates on rivers used to generate hydroelectric power were preempted by the Federal Power Act (16 U.S.C.A. § 791 et seq. [1933]). In Mississippi Power and Light Company v. Mississippi ex rel. Moore, 487 U.S. 354, 108 S. Ct. 2428, 101 L. Ed. 2d 322 (1988), the Court held that the Federal Energy Regulatory Commission's regulations preempted a state's authority to set electric power rates.

At the state level, preemption occurs when a state statute conflicts with a local ordinance on the same subject matter. Preemption within the states varies with individual state constitutions, provisions for the powers of political subdivisions, and the decisions of state courts. For example, if a state legislature enacts gun control legislation and the intent of the legislation is to occupy the field of gun control, then a municipality is preempted from enacting its own gun control ordinance.

See: federalism; states' rights.

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Look up preemption in Wiktionary, the free dictionary.

Preemption or pre-emption may refer to:

Legal

• Federal preemption, displacement of U.S. state law by U.S. Federal law
• "Preemption" is also sometimes used in the United States to refer to the displacing effect state laws might have on ordinances enacted by municipalities, especially in the context of alcoholic beverage laws, gun laws, zoning laws banning hydrofracking, and in the area of FDA approved pharmaceuticals.
• Preemption, a type of land transfer in the United States, as in the Preemption Act of 1841
• Preemptive arrest
• Preemption Line, the line that divided the Indian lands of western New York State, that had been awarded to New York from those that had been awarded to the Commonwealth of Massachusetts by the Treaty of Hartford of 1786
• Pre-emption rights, the right of existing shareholders in a company to buy shares offered for sale before they are offered to the public
• FDA Preemption, legal theory in the United States that exempts product manufacturers from tort claims regarding Food and Drug Administration approved products
• Pre-emption (Dominion Land Survey), a purchase right given to settlers under the 1872 Dominion Lands Act

Other

• Preempt, a type of bid and a bidding tactic in contract bridge
• Preemption (computing), the interruption of a computer process without its cooperation in order to perform another task
• "Preemption", a form of broadcasting Blackout (broadcasting)
• Traffic signal preemption
• Preemptive war

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