Which of the following best defines federal preemption?
A) It is a constitutional doctrine that empowers the U.S. Congress to regulate commerce with foreign nations, with Indian tribes, and among the states.
B) It is a constitutional doctrine declaring that any federal law or treaty that directly conflicts with a state or local law is void.
C) It is a constitutional doctrine whereby the legislative branch enacts laws, the executive branch sees that the laws are executed, and the judicial branch interprets the laws.
D) It is a constitutional doctrine stating that in an area in which federal regulation is pervasive, state legislation cannot stand.

Question

Quizplus · Accepted Answer

Federal preemption is a principle stating that federal law takes precedence over state law in situations where federal regulation is pervasive. This means that state legislation cannot conflict with federal regulations in such areas. Examples of these areas include immigration, telecommunications, and aviation. The purpose of federal preemption is to ensure uniformity across the country and to avoid confusion and conflict between state and federal laws.

Which of the Following Best Defines Federal Preemption