Pre-Emption

PRE-EMPTION Pre-emption is when Congress expressly states that it intends to pre-empt state regulation. There are three ways of pre-emption: when a state law is inconsistent with public law, when Congress has enacted a legislature scheme that comprehensively regulates a field. The first type of pre-emption is through public law. The second type can pre-empted by several factors considered by the courts: historically, state or federal, a need for uniformity, it conflicts in administration of state or federal programs, and is persuasiveness of federal regulatory scheme. The third type is when Congress sufficiently occupied by a field where the states could not supplement federal law. Congress can pre-empt policy of all state laws, including those consistent with federal law, are void. Congress can express the attitude of pre-emption, if the courts do not consider implicit pre-emption. Reference In the Gade v. National Solid Waste Management Association, 505 U. S. 88.