FEDERAL PREEMPTION 4 concerns involving pollution through CO2 emissions and water treatment. States must adhere to these regulations, but they are not prohibited from expanding them to require tighter and stricter regulations. The decision of whether or not to regulate these areas has been preempted, but the extent is still left to the states’ powers, thus exemplifying partial preemption. Contingent preemption is somewhat of a subtype of both total and partial preemption. This category involves cases where federal statutes only take action when have failed to meet some set of requirements – that is, preemption in these cases is contingent upon a state’s ability to meet external conditions. The Voting Rights Act, for example, required statistical …show more content…
Unlike complete- and partial-type preemptions, contingent preemptions do not find the federal government directly involved initially, instead remaining as overseers. The implication is that states will eventually fix their own systems to be in line with federal regulations, so long as those regulations are constitutional. Brief History and General Evolution of Federal Preemption Regarding the history of federal preemption, major cases involving preemption may be tracked from the early years of the nation. One landmark case is Gibbons v. Ogden, which had profound implications regarding federal jurisdiction, granting the federal government the exclusive power of regulating interstate commerce. With the decision of this case in 1824, any current state laws that set regulations on interstate commerce were totally preempted by federal law. FEDERAL PREEMPTION 5 A second case, more monumental in significance, is McCulloch v. Maryland. The true impact behind this case is regarding the language behind the decision, where it was stated …show more content…
Further, multitudes of cases in which federal preemption is a question turn to this justification, creating a “history” by which, not just cases involving national banks, decisions regarding preemption in general are decided (Hills, Jr., 2013, p. 1237). There is no need for federal and state law on the same policy field to exist together if some question regarding the legitimacy of either arises – federal law trumps state law, as per the Constitution. Although significant cases of preemption have arisen throughout the nation’s history, the number of decisions regarding federal preemption has largely increased in the past hundred years. Over half of preemption statutes enacted by the federal government were from the 1970s and 1980s, meaning that the trend towards increased preemption case is indeed a modern phenomenon (Stephens & Wikstrom, 2007, p. 150). Most likely, this is a result of urbanization and the general growth of the federal government, although it may also be seen as a symptom and cause of this growth. Nevertheless, as Congress and federal agencies, especially the
The Court ruled in favor of the appellant, and the decision is described as follows:
In short, explain the outcome of the case, what implications it would have nationally, and justify claims
What was the court’s decision in the case? What reason did they give? What landmark case did they cite?
Imagine taking a leap into a new industry. Putting all your eggs into one basket and end up hatching an accomplished company. Being at the forefront of a rapidly expanding market until one day, one state says you are no longer allowed to sell your product there. They have decided they no longer will allow you to continue to sell your products there, thus suffering serious losses. This company has become your life and it is being threatened by just one law from one state. Should states be allowed to create laws that could have national repercussions?
This case dealt with crucial points in the political history and can be listed as follows:-
A landmark case in United States Law and the basis for the exercise of judicial review in the United States,
The problem that we have is that sometimes-federal law and state laws are in conflict and are in direct opposition
To clearly see the difference between these two contrasting regulations, we can look at some examples of each
“ If you have ten thousand regulations you destroy all respect for the law”-Winston Churchill
Government of any kind is set up to make a country run smother and with less problems. The United States government should have less ability to override state policy without proof of why it should be overridden. It should be something that each state has the ability to defend against and with a panel. Federal policy is about an overall problem but not the problem at the state level since each state would face cases of different types of problems.
Everyone is aware of the three branches of the federal government: Legislative, Executive and Judicial. There is another power that is has a say in law is well, the power of the state is often a lost and forgotten power. When the federal government puts a law or regulatory programs into effect do the states have any say if they have to follow these regulatory guidance? The answer to this question is surprisingly no. It all boils down to the state does have power to go against these regulations and laws if they are determined to be unconstitutional.
One of the issues where federalism comes into play is with the “graduated driver’s license” law. While I do think this law is a good idea, I do not think the federal government should impose this law or any law on the states. Let’s hypothetically say Wyoming didn’t have a “graduated driver’s license” law. Instead of the Federal Government requiring states to implement such a law, I feel that legislators in Wyoming should decide for their state because I believe Wyoming legislators know their people and state far better then people in Washington, DC.
Concerning this Act being like a balloon, a single regulation has been known to lead to the making and approval of another regulation, which one after another, will
Which is being discussed by our state and federal government? Some states are permitted to
The argument for state control has more to go on. For one, all land in the state would be under the same control and there would be no disagreements on what is illegal and legal. If the local government had control over that there would be more confusion. For instance, if alcohol was legal in one district but not in the other, a lot of people could