Thursday, July 19, 2007

Con law 4: Fed Sys. Relative Fed v. State Powers

concurrent fed and state power-effect of supremacy
conflicts: state law invalid
preemption: fed law may expressly/impliedly occupy the entire field, thus precluding any state or local regulation even if the state or local regulation is nonconflicting.
Factors considered:
1. comprehensiveness of fed scheme
2. creation of agency to administer the law
full faith and credit clause: (1) court has PJ and SMJ(2)on the merits(3) final

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