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Preemption Conflation: Dividing the Local from the State in Congressional Decision Making

By Annie Decker


Under the Federal Constitution\u27s Supremacy Clause, Congress has the power to preempt state and local laws, rendering them \u22null, void, invalid and inoperative.\u22 Congress often exercises this power by adopting statutory provisions that expressly preempt certain forms of state or local regulation. The traditional answer to whether federal preemption treats state law and local (city or county) law the same has been an unequivocal yes

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 2015
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