Which statement best describes the doctrine of preemption?

Which statement best describes the doctrine of preemption?

• A. A state may not pass a law inconsistent with federal law.
• B. Federal law can be set aside by state law in some circumstances.
• C. Local ordinances automatically override federal statutes.
• D. The judiciary has no role in resolving conflicts between federal and state laws.

Answer: (A)

Federal law takes precedence over state law when there is a conflict. The doctrine of preemption means that when a valid federal statute or regulation conflicts with a state or local law, the federal provision prevails and the state law cannot stand. This idea comes from the Supremacy Clause, making federal laws the supreme law of the land. So, a state may not pass a law inconsistent with federal law. There are express and implied forms of preemption, but the core is that any true conflict yields invalidation of the conflicting state law. The other statements misstate how preemption works: state laws cannot override federal statutes, local ordinances do not trump federal law, and courts do play a crucial role in deciding when and how preemption applies.

Federal law takes precedence over state law when there is a conflict. The doctrine of preemption means that when a valid federal statute or regulation conflicts with a state or local law, the federal provision prevails and the state law cannot stand. This idea comes from the Supremacy Clause, making federal laws the supreme law of the land.

So, a state may not pass a law inconsistent with federal law. There are express and implied forms of preemption, but the core is that any true conflict yields invalidation of the conflicting state law. The other statements misstate how preemption works: state laws cannot override federal statutes, local ordinances do not trump federal law, and courts do play a crucial role in deciding when and how preemption applies.