Asked by madison marciano on Jul 04, 2024
Verified
Sometimes when the state and federal governments have concurrent authority,the federal government can decide to regulate that area exclusively.In such a situation,according to the doctrine of ________,the state law is unconstitutional.
A) federal subrogation
B) federal preemption
C) federal privileges and immunities
D) res ipsa loquitur
E) stare decisis
Federal Preemption
A principle asserting the supremacy of federal legislation over state legislation when both pertain to the same matter.
Concurrent Authority
Jurisdiction that is shared by different government bodies or courts, allowing more than one entity the power to regulate or enforce laws in the same area.
Doctrine
A principle or policy adopted in law or by an organization to guide decision-making and actions.
- Understand the concept of federal preemption and its implications on state law.
Verified Answer
To determine whether the United States Congress intended to provide exclusive regulation,courts look to the language of the statute and transcripts of congressional hearings.
Learning Objectives
- Understand the concept of federal preemption and its implications on state law.
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