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preemption

preemption

3 8.8
Federal law comes before state law when they cover the same subject
  • noun
  • /priˈɛmptʃən/
  • Formal
translation icon : preeminencia
  • The law establishes federal preemption to ensure consistency across different states on environmental regulations.
  • federal preemption
  • state preemption
  • preemption of state law

Examples

  • For these reasons, it was not possible to include preemption in our formal analyses.

    Academic text (2013)
  • In addition, state preemption may cover different types of local authorities and therefore may not be comparable between states.

    Academic text (2013)
  • And finally oppose federal preemption of state and local local controls.

  • Section II of this Comment explains the Supreme Court's interpretation of preemption doctrine.

    Academic text (1992)
  • The Welch case, discussed earlier, was the first case to address the issue of federal preemption.

    Academic text (1999)
  • Similarly, various groups and officials have been lobbying members of Congress to oppose preemption legislation.

    Academic text (1992)
  • We did not consider state preemption of local governments' authority to enact smoking restriction laws in this analysis.

    Academic text (2013)
  • Absent an explicit preemption clause, courts must examine signs of implicit congressional preemption.

    Academic text (1991)
  • Federal preemption means that if a federal law and a state law conflict, the federal law will prevail.

  • Many court cases hinge on the principle of preemption, particularly when state laws challenge federal authority.

Synonyms

pre-emption
vspreemption
  • Formal
9.0

A rule that federal law is more important than state law on the same subject

is the unhyphenated written form with identical legal meaning

Surface Forms

preemption singular
preemptions plural

Morphology

preemption = preempt (semi-transparent) = preempt + ion

Formed by nominalizing 'preempt' with '-ion'; the technical legal sense ('federal law takes precedence') is a specialized extension that may not be fully inferable by average learners from the everyday verb.

Etymology

Preemption comes from pre- meaning 'before' and empt (from the Latin emere) meaning 'to buy', so imagine federal law 'buying' the whole subject before states can act; that's why preemption in law means federal rules take priority over state rules.