Asked by Aydee Esparza on Jun 27, 2024

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The central question in most federal preemption cases is:

A) the intent of Congress.
B) whether the federal law is supreme.
C) whether due process was afforded.
D) the application of the doctrine of judicial review.

Federal Preemption

A legal doctrine allowing federal law to take precedence over state laws in certain areas, based on the Supremacy Clause of the U.S. Constitution.

Congress Intent

The legislative purpose or the objectives that members of Congress aimed to achieve when enacting a specific statute or law.

Judicial Review

The power of courts to assess the legality of acts or decisions made by government officials or agencies, ensuring they do not violate the constitution or legal statutes.

  • Gain insight into the concept of federal preemption and its effects on state legislative measures.
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Makayla HollinsJun 29, 2024
Final Answer :
A
Explanation :
The constitutional principle of federal supremacy dictates that when state law conflicts with valid federal law,the federal law is supreme.In such a situation,the state law is said to be preempted by the federal regulation.The central question in most federal preemption cases is the intent of Congress.