Preemption

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  • The interests of the federal government are so great that federal law or regulation overrides any state law, although state governments might otherwise have jurisdiction over a particular issue. A definition of preemption begins with the constitutional fact of federalism, that both the federal government and the state governments are separate sovereigns. The first pillar of the preemption doctrine is the supremacy clause, Article 6 of the U.S. Constitution:

    This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws ...

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