Supremacy & Preemption
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Constitutional Law · Lesson 14
Supremacy & Preemption
這一課問的是：聯邦法是否先佔州法 — 明示、領域、或衝突？
Actor
Act
Object
Standard
Consequence
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
Supremacy Clause
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Federal law is supreme over state law (Art VI cl 2).
至上條款。
express preemption
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Federal statute expressly preempts state law.
明示先佔。
field preemption
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Federal scheme so pervasive that no room for state regulation.
領域先佔。
conflict preemption
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State law conflicts with federal law (impossibility or obstacle).
衝突先佔。
presumption against
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Especially in traditional state areas, courts presume against preemption.
反先佔之推定。
Rule Sentence · the workhorse
Under the Supremacy Clause, federal law preempts state law (1) where Congress expressly says so, (2) where the federal scheme is so pervasive as to occupy the field, or (3) where state law actually conflicts with federal law — through impossibility of dual compliance or by standing as an obstacle to federal objectives.
Mini IRAC · build the Application
Issue. Does a state pesticide-labeling statute conflict with federal labeling requirements such that it is preempted?
Rule. State law is preempted under the Supremacy Clause where it stands as an obstacle to the accomplishment of federal objectives or makes dual compliance impossible.
Application (model). Federal FIFRA establishes nationally uniform labeling for pesticides; the state statute requires different label content. Because state law is preempted where it conflicts with or obstructs federal regulatory uniformity, the fact that the state statute imposes labeling requirements that differ from and obstruct the federal uniform scheme means the state law stands as an obstacle to federal objectives.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the state statute is preempted under the Supremacy Clause.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: