LAW 531-001 – Constitutional Law I

Conflict Preemption


Conflict preemption can occur in two ways, impossibility and standing as an obstacle.

Impossibility Conflict Preemption

Impossibility conflict preemption occurs when compliance with both state and federal law is literally impossible.

Obstacle Conflict Preemption

Obstacle conflict preemption is when a state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress."