Which statement best describes express preemption?

Which statement best describes express preemption?

• A. Express preemption requires no explicit language in the statute.
• B. Express preemption occurs when a federal statute explicitly preempts state law.
• C. Express preemption is the same as field preemption.
• D. Express preemption applies only to criminal law.

Answer: (B)

Express preemption occurs when Congress explicitly states in a federal statute that state law is preempted. That explicit language is the defining feature—if the statute says the federal rule overrides or supersedes state law, that’s express preemption. It’s different from implied preemption, where the court infers preemption from the statute’s structure or purpose rather than from an explicit statement. Preemption can apply in many areas, not just criminal law. The idea that express preemption requires no explicit language is incorrect, and equating express preemption with field preemption is misleading because field preemption is a form of implied preemption, not express. Preemption is not limited to criminal matters.

Express preemption occurs when Congress explicitly states in a federal statute that state law is preempted. That explicit language is the defining feature—if the statute says the federal rule overrides or supersedes state law, that’s express preemption. It’s different from implied preemption, where the court infers preemption from the statute’s structure or purpose rather than from an explicit statement. Preemption can apply in many areas, not just criminal law. The idea that express preemption requires no explicit language is incorrect, and equating express preemption with field preemption is misleading because field preemption is a form of implied preemption, not express. Preemption is not limited to criminal matters.