State Federal Fed Pre Emption Action Supremacy Field Conflict

Art VI, cl. 2: Const, fedl laws made pursuant to the Const and US treaties "shall be supreme law of land"

Supremacy Clause:

Field Pre-Emption -- feds take a whole field for themselves (Immigration, Indian Affairs, Patents)

Conflict Pre-Emption -- state action ok if doesn't conflict with feds (environmental, state DEQ vs. fed EPA)

EXTRA:

Gibbons: state action is "pre-empted" by federal legislation if there is a "collision" between the two. Pre-emption of state action by federal legis only if clear Congressional intent to do so. If there's a "gap" in federal legis, states can legislate within the gaps.

Evidence of congressional intent to pre-empt:

1) scheme of federal regulation "so pervasive" that no room for state to supplement

2) federal legis "touches a field" in which federal interest "so dominant"  

3) fed legis' object reveals dominant fed interest

4) result of state policy inconsistent with fed objectives