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3 Federal Preemption >Supremacy Clause of the U.S. Constitution â establishes that the U.S. Constitution and federal law generally has precedence over state law. >Courts recognize three types: > Express Preemption â when the language of the federal statute reveals an express congressional intent to preempt state laws. > Field Preemption â when the federal scheme of regulation is so pervasive that Congress must have intended to leave no room for the state to supplement. > Conflict Preemption â when compliance with both federal and state law is impossible or when the state law acts as an obstacle to what Congress intended.
This Supremacy Clause has come to mean that the national government, in exercising any of the powers enumerated in the Constitution, must prevail over any conflicting or inconsistent state exercise of power. The federal preemption doctrine is a judicial response to the conflict between federal and state legislation.