Which statement best describes the effect of federal preemption?

Which statement best describes the effect of federal preemption?

• A. Preemption allows states to override federal law in most cases.
• B. Preemption establishes federal law as supreme,invalidating conflicting state laws.
• C. Preemption is a temporary administrative adjustment.
• D. Preemption only applies to regulatory actions by agencies.

Answer: (D)

Federal preemption means federal law takes precedence over state law in the same area when Congress intends to regulate comprehensively. This can happen in several ways: through express preemption in a statute, through field preemption when the federal framework is so complete that states may not regulate in that field, or through conflict preemption when complying with both is impossible or a state law undermines federal objectives. Because of this, the effect is that federal law is the supreme law and can invalidate state laws that conflict with it. Preemption is not limited to regulatory actions by agencies, nor is it merely temporary; it can arise from statutes as well as regulations and can displace state law in various contexts.

Federal preemption means federal law takes precedence over state law in the same area when Congress intends to regulate comprehensively. This can happen in several ways: through express preemption in a statute, through field preemption when the federal framework is so complete that states may not regulate in that field, or through conflict preemption when complying with both is impossible or a state law undermines federal objectives. Because of this, the effect is that federal law is the supreme law and can invalidate state laws that conflict with it. Preemption is not limited to regulatory actions by agencies, nor is it merely temporary; it can arise from statutes as well as regulations and can displace state law in various contexts.