Preemption Theory

Preemption Theory is a legal principle where federal law overrides or takes precedence over conflicting state laws. When both levels of government have laws on the same issue, federal law preempts state law to ensure consistency across the country. This can happen explicitly through federal legislation or implicitly when federal regulations are comprehensive or occupy the entire legal area. Essentially, preemption helps maintain national uniformity, preventing states from creating conflicting rules that could cause confusion or inconsistencies in how laws are applied.