Does federal law preempt state regulation?

When a federal law or regulation takes over and precludes enforcement of a state or local law or regulation it is termed?

preemption

Can state laws regulate something if it is also regulated by the federal law?

Yes, they can as long as the federal law is not contradicted or if it is intended to preempt all state legislation in that area. For example, the federal government establishes a minimum wage, but states are free to establish higher ones if they wish. A higher minimum wage does not conflict with the federal law, because the purpose of the federal law is to help workers and a state minimum wage helps workers even more. Thus, it does not conflict with the intent of the federal law.

Is it true the state law is superior to national law when the two conflict?

The Supremacy Clause of the United States Constitution, as well as the 14th Amendment, state that federal law and regulation are superior to state law.

Does state law or federal law have the final power?

The short answer is that the United States Constitution is the law of the land, and any law, including state law, that is not consistent with the US Constitution is superseded by the US Constitution. There is something called the Supremacy Clause, which means that all inconsistencies between federal and state law must be resolved in favor of federal law, but then the lawyers and courts argue whether the federal law in question was intended to supersede and preempt, or to just add to state law. Is the state law really and truly inconsistent, or just a little. :) If state law says you can manufacture WIDGET A, for example, and federal law says you cannot, then federal law will control, because that is a direct conflict. But if state law says you can manufacture Widget A, and federal law says you can manufacture Widgets A, B and C, but you must comply with certain requirements, or you must manufacture them all together but not individually, then state law is not superseded...it is just ... clarified a bit, if you get my meaning.

What is field preemption?

Field Preemption - Where the federal government (congress or in some cases a regulatory agency acting with congressional approval) intends to create a comprehensive set of laws, rules, or regulations, that will govern an entire area or "field" state law is invald and uneforcable. Ex. The federal government regulates in the entire field of certain banking activities and therefore any state law that would attempt to regulate the same subject matter would be preempted and therefore invald.The preeemption docrtine is derived from the supremecy clause of the United States Constitution which expressly states that the rules created under that constitution are the supreme law of the land.There are three types of preemption; express, field (implied), and conflict. Congress may preempt state law by expressly stating its intent. See, e.g., Jones v. Rath Packing Co., 430 U.S. 519, 525 (1977). Congressional intent may be inferred in a particular area, see California Federal, 479 U.S. at 280. "Implied" includes statutes in which "the scheme of federal regulation is sufficiently comprehensive to make reasonable the inference that Congress 'left no room' for supplementary state regulation." Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947). In this latter situation, Congressional intent to preempt state law results from the fact that Congress has "occupied the field" available to state regulation. Federal law preempts state law even where there is no express or implied intent of Congress to preempt state regulation, if 2 the state law conflicts with federal law. This conflict can result from the fact that state regulation makes compliance with the federal law a "physical impossibility," Florida Lime and Avocado Growers. Inc. v. Paul, 373 U.S. 132, 142-43 (1963) or where the state law stands "as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress." Hines v. Davidowitz, 312 U.S. 52, 67 (1941). See also Barnett Bank v. Nelson, 517 U.S. 25 (1996).

According to the Constitution state law is superior to national law when the two conflict true or false?

false

What are national laws?

Rules and regulations which govern a certain country.

When a state calls a federal law invalid?

State law can be more detailed than federal law, but cannot conflict with federal law. Therefore, a state law cannot determine that a federal law is invalid. The state would have to, instead challenge the federal law as an unconstitutional intrusion on state rights.

Is federal law the same as state law?

No, federal law and state law are not the same. Federal law applies to the entire country, while state law only applies within the boundaries of a specific state.

What is the maximum number of years a Soldier can serve in a federal state or military prison for violating an environmental law or regulation?

1-5 years

Is federal or state the highest law?

Federal law takes precedence over state law.

What is the different between a state law and a federal law?

A state law is created by the state and only pertains to that single state. A federal law is created by the national government and is enforced throughout the whole nation. Federal law overrides state law.