Which of the following is true about preemption?
A) When the federal government enacts laws in an area, state laws that conflict are retained.
B) If a federal law preempts a subject; state law that attempts to regulate it is unconstitutional.
C) Preemption does not apply to federal statutes.
D) The concept of preemption arises from the contract clause.
E) If a federal law preempts a subject; state law that attempts to regulate it is constitutional.

Question

Quizplus · Accepted Answer

If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional under the supremacy clause. The concept of preemption applies to federal statutes and rules and regulations of federal administrative agencies.

Which of the Following Is True About Preemption