especially: one given by the government to the actual settler upon a tract of public land
b
: the purchase of something under this right
2
: a prior seizure or appropriation : a taking possession before others
3
a
: a doctrine in law according to which federal law supersedes state law when federal law is in conflict with a state law
Even without an express provision for preemption, we have found that state law must yield to a congressional Act in at least two circumstances.Crosby v. National Foreign Trade Council
called alsofederal preemption
b
: a doctrine in law according to which the legislation of a superior government (such as a state government) supersedes that of an inferior government (such as a municipal government) in conflicts of law
4
: a policy of launching a preemptive attack in order to prevent a suspected imminent attack
longtime residents resented the preemption of their urban neighborhood by this influx of affluent yuppies
Recent Examples on the WebThe California preemption issue is not the only dispute over the bill. Jennifer Haberkorn, Los Angeles Times, 6 Sep. 2022 Pennsylvania’s Supreme Court ruled in December 2013 that Act 13’s preemption of local zoning is an unconstitutional usurpation of municipal sovereignty. Colin Jerolmack, The New Republic, 26 July 2022 Ed Whelan, a fellow at the conservative Ethics and Public Policy Center, said federal preemption does not mean states are barred from dictating how - or whether - certain drugs can be used.Anchorage Daily News, 1 Aug. 2022 Democrats are generally against preemption and in favor of a private right of action, Republicans the reverse.Wired, 22 July 2022 The preemption argument is currently being tested in federal court, where the pharmaceutical company GenBioPro, which makes generic mifepristone, is challenging requirements imposed by Mississippi officials before the drug can be dispensed. Melissa Quinn, CBS News, 6 July 2022 The hope for pill availability centers on a legal doctrine called preemption, which is based on the Supremacy Clause of the Constitution.Wired, 8 July 2022 This is because Title VII is a federal law and due to preemption, Title VII should override state law. Tom Spiggle, Forbes, 5 July 2022 And the preemption rule applicable to them is exactly the opposite of the normal rule. Matt Ford, The New Republic, 29 June 2022 See More
Word History
Etymology
Medieval Latin praeemption-, praeemptio previous purchase, from praeemere to buy before, from Latin prae- pre- + emere to buy — more at redeem