(3) State Law Preempted if: (7) State Law Preempted if:
a. Dormant Commerce a. It thwarts the will of
Clause congress. (Houston v Moore 1820 &
i. Arises under Black Bird Creek Marsh).
supremacy clause and preempts if: i. National Issue
ii. State laws purport to Inherently in Federal Domain
regulate interstate commerce (Cooley 1851)
iii. Discriminates against b. Contradicts a Federal
interstate commerce in any way Law directly on point. (Southern
iv. Burdens interstate RR 1912)
commerce i. States cannot restrict
civil rights more than the feds.
b. Implied Preemption (Charleston RR).
ii. States can restrict
i. When congressional matters of public welfare more than
intent to preempt is manifest. (Mintz v. feds (Mintz v. Baldwin)
Baldwin)
ii. When federal (8) State Law NOT preempted if:
regulatory scheme so pervasive, or a. Congress chooses to
iii. Federal interest so allow concurrent jurisdiction.
dominant,
iv. There is no room for (Black Bird Creek & Hamilton
state regulation. (English v. GE (1990) View).
1. ex. State
regulation of interstate commerce.
2. Except:
When state is a police power and
has a regulatory effect