Author Question: Explain the function of preemption legislation. How does Congress make certain actions off-limits ... (Read 34 times)

gonzo233 · **on:** Jul 10, 2018

Explain the function of preemption legislation. How does Congress make certain actions off-limits for state governments? Why? Give examples of this type of legislation.

What will be an ideal response?

Question 2

In Strauder v. West Virginia, the Supreme Court established the state action doctrine, which interpreted the Fourteenth Amendment as prohibiting discrimination by state governments, but not by individuals.

Indicate whether the statement is true or false

jazzlynnnnn · **Reply #1 on:** Jul 10, 2018

Answer to Question 1

An ideal response will:
1, Explain that the Supremacy Clause makes federal law supreme over conflicting state law.
2, Explain that preemption legislation has been used by the courts to invalidate conflicting state laws and to strike down state laws that intrude upon an area that Congress has deemed exclusively within the province of federal law.
3, Give examples of preemption legislation, including the federal law passed in 2005 prohibiting certain kinds of liability suits from being filed against firearms manufacturers in state courts. The Family Smoking Prevention and Tobacco Control Act of 2009 preempts state laws in areas such as warning labels and tobacco product standardsflavored cigarettes except for menthol, for example, are prohibited by federal law.

Answer to Question 2

FALSE