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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.
First, under conflict preemption, a state law is preempted âwhere. compliance with both federal law and state regulations is a physical impossibility ... or where. state law stands as an obstacle to the accomplishment and execution of the full purposes and.