← Legal Glossary
Preemption
Definition
The constitutional doctrine under which federal law overrides or displaces conflicting state law. It can be express (Congress says so) or implied (federal law so thoroughly occupies a field that state law cannot coexist).
Examples
- •Petitioners argued that Congress's comprehensive scheme in 47(b) would preempt any state law cause of action for rescission of ICA-violating contracts, which Clement called reliance on 'implied preemption' that undermined petitioners' textualist claims.