Federal Preemption
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Federal Preemption
In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. Constitutional basis According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. As the Supreme Court stated in '' Altria Group v. Good'', 555 U.S. 70 (2008), a federal law that conflicts with a state law will overtake, or "preempt", that state law: Consistent with that command, we have long recognized that state laws that conflict with federal law are "without effect". '' Maryland v. Louisiana'', 451 U. S. 725, 746 (1981) Although many concurrent powers are subject t ...
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Law Of The United States
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the most important is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the s ...
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Florida Lime & Avocado Growers, Inc
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to the south by the Straits of Florida and Cuba; it is the only state that borders both the Gulf of Mexico and the Atlantic Ocean. Spanning , Florida ranks 22nd in area among the 50 states, and with a population of over 21 million, it is the third-most populous. The state capital is Tallahassee, and the most populous city is Jacksonville. The Miami metropolitan area, with a population of almost 6.2 million, is the most populous urban area in Florida and the ninth-most populous in the United States; other urban conurbations with over one million people are Tampa Bay, Orlando, and Jacksonville. Various Native American groups have inhabited Florida for at least 14,000 years. In 1513, Spanish explorer Juan Ponce de León became the first known E ...
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Federal Drug Administration
The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food safety, tobacco products, caffeine products, dietary supplements, prescription and over-the-counter pharmaceutical drugs (medications), vaccines, biopharmaceuticals, blood transfusions, medical devices, electromagnetic radiation emitting devices (ERED), cosmetics, animal foods & feed and veterinary products. The FDA's primary focus is enforcement of the Federal Food, Drug, and Cosmetic Act (FD&C), but the agency also enforces other laws, notably Section 361 of the Public Health Service Act, as well as associated regulations. Much of this regulatory-enforcement work is not directly related to food or drugs, but involves such things as regulating lasers, cellular phones, and condoms, as well as control of disease in contexts varying from h ...
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Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction ove ...
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Mutual Pharmaceutical Co
Mutual may refer to: *Mutual organization, where as customers derive a right to profits and votes *Mutual information, the intersection of multiple information sets *Mutual insurance, where policyholders have certain "ownership" rights in the organization *Mutual fund, a professionally managed form of collective investments *Mutual Film, early American motion picture conglomerate, the producers of some of Charlie Chaplin's greatest comedies *Mutual Base Ball Club (1857-1871), defunct early baseball team usually referred to as "Mutual" in the standings. *Mutual Broadcasting System, a defunct U.S. radio network * Mutual Improvement Association, the name of two youth programs run by the Church of Jesus Christ of Latter-day Saints *Mutual authentication, used in cryptography *"Mutual", a 2018 song by Shawn Mendes from ''Shawn Mendes'' ;Place names *Mutual, Maryland, a community in the United States *Mutual, Ohio, a village in the United States *Mutual, Oklahoma, a town in the United St ...
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Murphy V
Murphy () ( ga, Ua Murchadha) is an Irish surname and the most common surname in the Republic of Ireland. Origins and variants The surname is a variant of two Irish surnames: "Ó Murchadha"/"Ó Murchadh" (descendant of "Murchadh"), and "Mac Murchaidh"/"Mac Murchadh" (son of "Murchadh") derived from the Irish personal name "Murchadh", which meant sea-warrior or sea-battler (''muir'' meaning sea and ''cath'' meaning battle). It is said of Murrough (Murchadh) as he entered the thick of the fight and prepared to assail the foreign invaders, the Danes, when they had repulsed the Dal-Cais, that 'he was seized with a boiling terrible anger, an excessive elevation and greatness of spirit and mind. A bird of valour and championship rose in him, and fluttered over his head and on his breath. In modern Irish, "Ó Murchú", rather than "Ó Murchadha", is used. "Murphy" is the most common surname in Ireland, the fourteenth most common surname in Northern Ireland, and the fifty-eighth ...
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Commandeering
Commandeering is an act of appropriation by the military or police whereby they take possession of the property of a member of the public. In the United States In United States law, it also refers to federal government actions which would force a state government to take some action that it otherwise would not take. The US Supreme Court has held that commandeering violates principles designed to prevent either the state or federal governments from becoming too powerful. Writing for the majority in 1997 for '' Printz v. United States'', Justice Antonin Scalia said, " e Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program." States derive their protection from commandeering from the Tenth Amendment. Distinction from preemption The Congress may enact federal law that supersedes or '' preempts'' state law. ...
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Tenth Amendment To The United States Constitution
The Tenth Amendment (Amendment X) to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, also known as states' rights, by stating that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state. The amendment was proposed by the 1st United States Congress in 1789 during its first term following the adoption of the Constitution. It was considered by many members as a prerequisite before they would ratify the Constitution, and particularly to satisfy demands of Anti-Federalists, who opposed the creation of a stronger federal government. The purpose of this amendment is to clarify how the federal government's powers should be interpreted and to reaffirm the nature of federalism. Justices and commentators have publicly wondered whether the Tenth Amendment retains any leg ...
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Machinists V
A machinist is a tradesperson or trained professional who not only operates machine tools, but also has the knowledge of tooling and materials required to create set ups on machine tools such as milling machines, grinders, lathes, and drilling machines. A competent machinist should have a well-developed mechanical aptitude, the ability to correctly use precision measuring instruments, and a working knowledge of the proper speeds and feeds required for successfully utilizing the various work and tool materials commonly used in most machining operations. Nature of work Mass-produced parts of machines are more common today, but still require machinists and millwrights to calibrate and install machine parts to manufacture other parts. In many parts of the economy, however, custom-made parts are required for various uses. A machinist may work on manufacturing something simple like a motorcycle frame part, a piece of an internal combustion motor, or something extraordinarily complex, ...
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National Labor Relations Act
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt. The National Labor Relations Act seeks to correct the "inequality of bargaining power" between employers and employees by promoting collective bargaining between trade unions and employers. The law established the National Labor Relations Board to prosecute violations of labor law and to oversee the process by which employees decide whether to be represented by a labor organization. It also established various rules concerning collective bargaining and defined a series of banned unfair labor practices, in ...
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Geier V
Geier may refer to: * Geier (surname), a surname of German origin (includes a list) * The Geier Indians, 17th century Native American group Places *Mount Geier, Antarctica Fiction *''Der Geier'' (in English ''The Vulture (Kafka)''), a short story by Franz Kafka * List of Bones characters#Marcus Geier, a character in the television show Bones Naval *''Geier (freighter)'', 1916–1917, a British freighter captured by German navy *, a German cruiser *''Geier (patrol boat)'', a German patrol boat *The ''FRG Geier'', a ship decommissioned in 1976, sold to Greece, and renamed ''Tyfon'' *Geier, the nickname for an experimental German World War II torpedo See also *Gayer (surname) *Geyer (other) *Geijer Geijer is a Swedish surname. People with this surname include: * Agnes Geijer (1898–1989), Swedish historian and archaeologist *Arne Geijer (1910–1979), trade unionist *Erik Gustaf Geijer (1783–1847), writer, composer, and historian *Eric Nev ... * {{Disambiguation ...
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