The Supremacy Clause and Federal Preemption
Learn about the constitutional doctrine of preemption and how federal law generally trumps state law, to the extent of any conflict.
We'll spend most of this lesson examining how courts resolve conflicts between state and federal law under the constitutional doctrine of preemption. After that, we'll take a moment to discuss how courts resolve conflicts among different types of federal law.
To resolve conflicts between state and federal law, courts don't look to any of the choice-of-law approaches we study in other lessons. Rather, courts look to the Supremacy Clause of the U.S. Constitution and the cases interpreting...