Federal preemption refers to the invalidation of a US state law when it conflicts with Federal law.

Constitutional basis[link]

According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution,

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land; ... any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.

As the Supreme Court stated in Altria Group v. Good, 555 U.S. 70 (2008), a federal law that conflicts with a state law will trump, or "preempt", that state law:

Consistent with that command, we have long recognized that state laws that conflict with federal law are “without effect.” Maryland v. Louisiana, 451 U. S. 725, 746 (1981)

Intent of Congress presumed to be deference to states[link]

In Altria Group v. Good, the Court wrote:

When the text of a pre-emption clause is susceptible of more than one plausible reading, courts ordinarily “accept the reading that disfavors pre-emption.” Bates v. Dow Agrosciences LLC, 544 U. S. 431, 449 (2005).

In Wyeth v. Levine (2009), the Court emphasized what it called the "two cornerstones" of pre-emption jurisprudence:

First, “the purpose of Congress is the ultimate touchstone in every pre-emption case.” Medtronic, Inc. v. Lohr, 518 U. S. 470, 485 (1996) (internal quotation marks omitted); see Retail Clerks v. Schermerhorn, 375 U. S. 96, 103 (1963). [Medtronic: "[O]ur analysis of the scope of the statute's pre-emption is guided by our oft-repeated comment, initially made in Retail Clerks v. Schermerhorn, 375 U.S. 96, 103, ... (1963), that "the purpose of Congress is the ultimate touch-stone" in every pre-emption case."] Second, “[i]n all pre-emption cases, and particularly in those in which Congress has ‘legislated … in a field which the States have traditionally occupied,’ … we ‘start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress.’ ” Lohr, 518 U. S., at 485 (quoting Rice v. Santa Fe Elevator Corp., 331 U. S. 218, 230 (1947) ).

See also Reilly, 533 U. S., at 541–542 (citation omitted):

Because ‘federal law is said to bar state action in [a] fiel[d] of traditional state regulation,’ namely, advertising, we ‘wor[k] on the assumption that the historic police powers of the States [a]re not to be superseded by the Federal Act unless that [is] the clear and manifest purpose of Congress’.

Federal Agency Administration Guiding Principles[link]

Executive Order 13132 of August 4, 1999 - See 64 Fed. Reg. 43, 255 - August 10, 1999, Sec. 4. Special Requirements for Preemption.

Agencies, in taking action that preempts State law, shall act in strict accordance with governing law.

(a) Agencies shall construe, in regulations and otherwise, a Federal statute to preempt State law only where the statute contains an express preemption provision or there is some other clear evidence that the Congress intended preemption of State law, or where the exercise of State authority conflicts with the exercise of Federal authority under the Federal statute.

(b) Where a Federal statute does not preempt State law (as addressed in subsection (a) of this section), agencies shall construe any authorization in the statute for the issuance of regulations as authorizing preemption of State law by rulemaking only when the exercise of State authority directly conflicts with the exercise of Federal authority under the Federal statute or there is clear evidence to conclude that the Congress intended the agency to have the authority to preempt State law.

(c) Any regulatory preemption of State law shall be restricted to the minimum level necessary to achieve the objectives of the statute pursuant to which the regulations are promulgated.

(d) When an agency foresees the possibility of a conflict between State law and Federally protected interests within its area of regulatory responsibility, the agency shall consult, to the extent practicable, with appropriate State and local officials in an effort to avoid such a conflict.

(e) When an agency proposes to act through adjudication or rulemaking to preempt State law, the agency shall provide all affected State and local officials notice and an opportunity for appropriate participation in the proceedings.

Evidence of Congressional intent to preempt[link]

In Altria Group v. Good, the Court reiterates that "Congress may indicate pre-emptive intent" in two ways: "through a statute’s express language or through its structure and purpose. See Jones v. Rath Packing Co., 430 U. S. 519, 525 (1977)".

Express Preemption[link]

Express preemption occurs only when a federal statute explicitly confirms Congress's intention to preempt state law. English v. General Elec. Co., 496 U.S. 72, 78-79 (1990). "If a federal law contains an express pre-emption clause, it does not immediately end the inquiry because the question of the substance and scope of Congress’ displacement of state law still remains." Altria Group v. Good

Implied Preemption[link]

Implied preemption can occur in two ways: field preemption or conflict preemption. Massachusetts Ass'n of HMOs v. Ruthardt, 194 F.3d 176, 179 (1st Cir. 1999).

1. Conflict preemption[link]

Under the Supremacy Clause, any state law that conflicts with a federal law is preempted. Gibbons v. Ogden, 22 U.S. 1 (1824). Conflict arises when it is impossible to comply with both the state and federal regulations, or when the state law interposes an obstacle to the achievement of Congress's discernible objectives. Gade v. National Solid Wastes Mgmt. Ass'n, 505 U.S. 88, 98 (1992).

Actual conflict. A conflict exists if a party cannot comply with both state law and federal law (for example, if state law forbids something that federal law requires). Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132, 142-43 (1963).

Obstacle. In addition, even in the absence of a direct conflict between state and federal law, a conflict exists if the state law is an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. Crosby v. Nat’l Foreign Trade Council, 530 U.S. 363, 372-73 (2000).

Minimum Safety Standard vs. Uniform Safety Standard

Often there may be a question of frustration of congressional purpose or the state law standing as an obstacle to congressional intent. This will raise a question of whether congressional or administrative intent in passing the law was uniformity or minimum national safety standards. Congressional intent may be to allow States to pass laws that will “establish greater safety than the minimum safety achieved by a federal regulation intended to provide a floor.” Geier v. American Honda Motor Co., 529 U.S. 861, 870, 120 S. Ct. 1913, 146 L. Ed. 2d 914 (2000).

Alternatively, the purpose of a federal law could be to set a uniform national standard. This was the case in Geier, where the National Traffic and Motor Vehicle Safety Act of 1966 required auto manufacturers to equip a certain number of their 1987 vehicles with passive restraints. Id. at 864-865. the question before the Supreme Court was whether the Act pre-empted state common-law tort claims saying that the auto manufacturer, although in compliance with the Act, “should nonetheless have equipped a 1987 automobile with airbags.” The court indicated that, despite a savings clause, the statute “reflects a desire to subject the industry to a single, uniform set of federal safety standards. Its pre-emption of all state standards, even those that might stand in harmony with federal law, suggests an intent to avoid conflict, uncertainty, cost, and occasional risk to safety itself that too many different safety–standard cooks might otherwise create.” Id. at 871.

2. Field preemption[link]

Even without a conflict between federal and state law or an express provision for preemption, the courts will infer an intention to preempt state law if the federal regulatory scheme is so pervasive as to “occupy the field” in that area of the law, i.e. to warrant an inference that Congress did not intend the states to supplement it. Gade v. National Solid Wastes Mgmt. Ass'n, 505 U.S. 88, 98 (1992). See also Rice v. Santa Fe Elevator Corp. For example, the courts have held that the National Labor Relations Act (NLRA) preempts state laws directed at conduct actually or arguably prohibited or protected by the NLRA or conduct Congress intended to leave unregulated. San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236, 244 (1959); Machinists v. Wisconsin Emp. Rel. Commission, 427 U.S. 132, 140-48 (1976).

External links[link]

• California Fed. Sav. & Loan Ass'n v. Guerra, 479 U.S. 272 (1987) (reviewing preemption doctrine).
• Buzbee, William W. (2009). Preemption choice. Cambridge University Press. ISBN 978-0-521-88805-9. http://books.google.com/books?id=wMhvp81kvUQC&pg=PA131&lpg=PA131&dq=supreme+court+conflict+preemption&source=bl&ots=bQR4Iftnm9&sig=R_26rVREgH-Xd2tvjtkIrYcpOjI&hl=en&ei=B5w6Sp7CC4ymM-vtna8F&sa=X&oi=book_result&ct=result&resnum=1. 
• "Federal Preemption: The Power to Supersede State Regulation". Public health law and ethics. University of California Press. 2002. ISBN 978-0-520-23174-0. http://books.google.com/books?id=PY78nlfRCUoC&pg=PA176&dq=federal+preemption&lr=&as_drrb_is=q&as_minm_is=0&as_miny_is=&as_maxm_is=0&as_maxy_is=&as_brr=3&ei=8LIxStCZBZLqyASuyJW6Bg#PPA176,M1. 
• "Federal Preemption and the Role of State and Local Laws". Technology, Law, and the Working Environment. Island Press. 1996. ISBN 978-1-55963-446-5. http://books.google.com/books?id=h53IhK0Y-NcC&pg=PA80&dq=federal+preemption&lr=&as_drrb_is=q&as_minm_is=0&as_miny_is=&as_maxm_is=0&as_maxy_is=&as_brr=3&ei=8LIxStCZBZLqyASuyJW6Bg. 
• Morrison, Alan B. (1998). "Preemption Controversies". Fundamentals of American law. Oxford University Press US. ISBN 978-0-19-876405-2. http://books.google.com/books?id=Si0lupMPrEoC&pg=PA31&dq=federal+preemption&lr=&as_drrb_is=q&as_minm_is=0&as_miny_is=&as_maxm_is=0&as_maxy_is=&as_brr=3&ei=8LIxStCZBZLqyASuyJW6Bg#PPA31,M1. 
• Lively, Donald E.; Weaver, Russell L. (2006). "Federal Preemption of State Power". Contemporary Supreme Court cases. Greenwood Publishing Group. ISBN 978-0-313-33514-3. http://books.google.com/books?id=-AjHxw_MZVEC&pg=PA28&dq=federal+preemption&lr=&as_drrb_is=q&as_minm_is=0&as_miny_is=&as_maxm_is=0&as_maxy_is=&as_brr=3&ei=ILMxSuCkJ4m8zAScwZGaBg. 
• Henkin, Louis (2002). "Federal Preemption". Foreign affairs and the United States Constitution. Oxford University Press. ISBN 978-0-19-826098-1. http://books.google.com/books?id=KYO3aUuC68kC&pg=PA157&dq=federal+preemption&lr=&as_drrb_is=q&as_minm_is=0&as_miny_is=&as_maxm_is=0&as_maxy_is=&as_brr=3&ei=RbMxSsyTC4GEzQSU0oCuBg#PPA157,M1. 
• Drahozal, Christopher R. (2004). "Federal Preemption of State Law". The supremacy clause. Greenwood Publishing Group. ISBN 978-0-313-31447-6. http://books.google.com/books?id=bAhi1GbCldsC&pg=PA91&dq=federal+preemption&lr=&as_drrb_is=q&as_minm_is=0&as_miny_is=&as_maxm_is=0&as_maxy_is=&as_brr=3&ei=frMxSuKtIIKqzgTX3NmOBg#PPA89,M1. 
• Perry, Ronen (2011). "Differential Preemption" Ohio State Law Journal, Vol. 72 (discussing maritime preemption)

This biographical article needs additional citations for verification. Please help by adding reliable sources. Contentious material about living persons that is unsourced or poorly sourced must be removed immediately, especially if potentially libelous or harmful. (April 2010)

Jere Locke Beasley
22nd Lieutenant Governor of Alabama
In office January 18, 1971 – January 15, 1979 Acting Governor, June 5 to July 7, 1972
Governor	George Wallace
Preceded by	Albert Brewer
Succeeded by	George McMillan
Personal details
Born	( 1935-12-12) December 12, 1935 (age 76) Tyler, Texas
Political party	Democratic
Spouse(s)	Sara Baker
Profession	Lawyer
Religion	Methodist

Jere Locke Beasley (born December 12, 1935) was the acting governor of the US state of Alabama from June 5 to July 7, 1972.

Born in Tyler, Texas, to Browder Locke and Florence Camp Beas. He was raised in Clayton, Alabama. In 1958, he married Sara Baker.

Beasley received his B.S. degree from Auburn University and his J.D. from the University of Alabama School of Law. He worked for various law firms until he opened his own practice in 1965.

He was the 22nd Lieutenant Governor when Governor George Corley Wallace was shot and severely injured in an assassination attempt in Laurel, Maryland, on May 15, 1972. Since Wallace was out-of-state for more than 20 days, recovering in a Maryland hospital, the Alabama Constitution required that the lieutenant governor take over in the interim.

Beasley won the first round of Democratic primary for lieutenant governor in 1970, but failed to win a majority. He won the runoff. In 1974 he faced a strong challenge from Charles Woods, who finished first in first round. Beasley, however, again won the runoff. He sought nomination for governor in 1978, but finished a distant fifth.

Beasley is currently the senior member of the firm Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

It was announced on June 16, 2009, that Beasley would be serving as the campaign chairperson for Alabama gubernatorial candidate, Artur Davis.

Electoral history[link]

Democratic primary for Lieutenant Governor, 1970

• Jere Beasley – 256,081 (29.03%)
• Hugh Morrow – 185,333 (21.01%)
• Tom Radney – 163,462 (18.53%)
• Joe Money – 100,131 (11.35%)
• Jack Giles – 81,789 (9.27%)
• Joe Goodwyn – 75,085 (8.51%)
• James Gullate – 10,627 (1.21%)
• Jay Thomas – 9,631 (1.09%)

Democratic runoff for Lieutenant Governor

• Jere Beasley – 572,258 (57.78%)
• Hugh Morrow – 418,228 (42.23%)

Race for Lieutenant Governor, 1970

• Jere Beasley (D) – 589,618 (72.26%)
• Robert French (R) – 126,506 (15.50%)
• Isaiah Hayes (Alabama National Democrat) – 92,176 (11.30%)
• John G. Crommelin (Independent) – 7,678 (0.94%)

Democratic primary for Lieutenant Governor, 1974

• Charles Woods – 310,351 (38.68%)
• Jere Beasley (inc.) – 308,182 (38.41%)
• Richard Dominick – 150,455 (18.75%)
• Ron Creel – 25,392 (3.17%)
• Coleman Brown – 7,943 (0.99%)

Democratic runoff for Lieutenant Governor

• Jere Beasley (inc.) – 393,077 (56.10%)
• Charles Woods – 307,643 (43.90%)

Race for Lieutenant Governor, 1974

• Jere Beasley (D) (inc.) – 433,495 (72.06%)
• Don Collins (R) – 153,814 (25.57%)
• Edna L. Bowling (Prohibition) – 9,857 (1.64%)
• John Watts (Independent, write-in) – 4,387 (0.73%)

Democratic primary for Governor, 1978

• Fob James – 256,196 (28.47%)
• Bill Baxley – 210,089 (23.35%)
• Albert Brewer – 193,479 (21.50%)
• Sid McDonald – 143,930 (15.99%)
• Jere Beasley – 77,202 (8.58%)
• K.C. Foster – 4,948 (0.55%)
• Horace Howell – 4,730 (0.53%)
• Jim Folsom – 4,632 (0.52%)
• Bob Muncaster – 1,776 (0.20%)
• Shorty Price – 1,396 (0.16%)
• Charles Woods – 700 (0.08%)
• Fred Sandefer – 622 (0.07%)
• Cornelia Wallace – 217 (0.02%)

References[link]

• [1]
• Encyclopedia of Alabama article on Beasley

v t e Governors and Lieutenant Governors of Alabama Governors W. Bibb T. Bibb Pickens Murphy G. Moore S. Moore Gayle Clay McVay Bagby Fitzpatrick Martin Chapman Collier Winston A. Moore Shorter Watts Parsons Patton Swayne Smith Lindsay Lewis Houston Cobb E. A. O'Neal Seay T. Jones Oates Johnston Samford Jelks Comer E. O'Neal Henderson Kilby Brandon Graves Miller Graves Dixon Sparks Folsom Sr. Persons Folsom Sr. Patterson G. Wallace L. Wallace Brewer G. Wallace James G. Wallace Hunt Folsom Jr. James Siegelman Riley Bentley Lieutenant Governors Applegate Moren McKinstry Ligon Cunningham Gray Seed Kilby Miller McDowell Davis Merrill Knight Carmichael Ellis Inzer Allen Hardwick Boutwell Allen Brewer Beasley McMillan B. Baxley Folsom Siegelman Windom L. Baxley Folsom Ivey

Jeb Hensarling
Chairman of the House Republican Conference
Incumbent
Assumed office January 3, 2011
Leader	John Boehner
Preceded by	Mike Pence
Member of the U.S. House of Representatives from Texas's 5th District
Incumbent
Assumed office January 3, 2003
Preceded by	Pete Sessions
Personal details
Born	(1957-05-29) May 29, 1957 (age 55) Stephenville, Texas
Political party	Republican
Spouse(s)	Melissa Hensarling
Residence	Dallas, Texas
Alma mater	Texas A&M University, University of Texas School of Law
Occupation	attorney
Religion	Episcopalian

Jeb Hensarling (born May 29, 1957) has been the Republican congressman representing Texas' 5th congressional district (map) in the United States House of Representatives since 2003.

Early life[link]

Hensarling was born in Stephenville, the seat of Erath County, and grew up on the family farm in College Station. He graduated from Texas A&M University in 1979 with a bachelor's degree in economics. In 1982, he earned a Juris Doctor degree from the University of Texas at Austin. He is also an Eagle Scout.

Political career[link]

Prior to serving in Congress, Hensarling was State Director for Texas Senator Phil Gramm from 1985 until 1989. From 1991 to 1993, he served as executive director of the Republican Senatorial Committee.

Hensarling next served as a vice president at two different companies before becoming owner of San Jacinto Ventures in 1996 and CEO of Family Support Assurance Corporation in 2001. He served as vice president of Green Mountain Energy from 1999 to 2001.

Hensarling was elected to his first term in 2002, defeating Democratic opponent Ron Chapman with 58 percent of the vote. He was reelected in 2004 with 64 percent of the vote over Democratic challenger Bill Bernstein.

A December 31, 2005 article in National Review profiled his work as the country's "budget nanny", saying that he has replaced his mentor, former Senator Phil Gramm, in this role. Hensarling's proposed legislation is said to intend to force Congress to "decide how much money they can afford to spend, and then prioritize within those limits." The article says that "the chief problem with any proposal to reform the budget process is that it excites almost nobody."

Hensarling was elected chairman of the Republican Study Committee following the 2006 Congressional elections, defeating Todd Tiahrt.

Committee assignments[link]

• Committee on Financial Services (Vice Chair)
  • Subcommittee on Capital Markets, Insurance, and Government-Sponsored Enterprises
  • Subcommittee on Financial Institutions and Consumer Credit
• Joint Select Committee on Deficit Reduction (Co-chair)

Voting record[link]

Hensarling has maintained a conservative voting record: he has consistently voted against pro-choice legislation, stem cell research, same-sex marriage and hate crimes legislation, and consistently supported free trade policies, the PATRIOT Act, and a Constitutional amendment against flag burning.^[1]

Hensarling serves on the House Committee on the Budget and the House Committee on Financial Services, in which position the Dallas Morning News has described him as a “rising congressional star” and a “man of conviction”^{[citation needed]}, and the New York Times has described him as a “conservative leader.”^{[citation needed]} According to the National Taxpayer Union, Hensarling scored the highest pro-taxpayer rating in the Texas delegation, and the second highest in the entire U.S. House of Representatives.

Hensarling co-authored a Constitutional amendment (known as the Spending Limit Amendment) that would prohibit federal spending from growing faster than the economy.

Hensarling has continually pushed Congress to enact a one-year moratorium on all Congressional earmarks, saying that the process needs to be overhauled. In 2007, he introduced the Taxpayer Bill of Rights. He also co-authored the Taxpayer Choice Act.

2008[link]

In January 2008, Hensarling co-authored the Economic Growth Act of 2008.

In May 2008, Hensarling pressed the Republican party leadership in the House to agree to a special session to give lawmakers to air their views on a new policy platform and share ideas on how to define themselves to better advantage going into the 2008 election.^{[citation needed]}

2010[link]

On January 29, 2010, during President Barack Obama's meeting with House Republicans, Hensarling challenged Obama's position on the budget, asserting that the Obama White House was increasing the national deficit at the same rate per month that the previous President had increased it per year. President Obama responded with the following: "the whole question was structured as a talking point for running a campaign....[t]he fact of the matter is that when we came into office, the deficit was $1.3 trillion. So when you say that suddenly I've got a monthly budget that is higher than the annual – or a monthly deficit that's higher than the annual deficit left by Republicans, that's factually just not true, and you know it's not true."^[2] The Congressional Budget Office issued a projection in January 2009, before Obama took office, that the budget deficit would reach $1.2 trillion that year.^[3]

Financial Bailout[link]

In September 2008, Hensarling led House Republican efforts to oppose Secretary Henry Paulson and Chairman Ben Bernanke's $700 billion financial bailout, and urged caution before Congress rushed to approve the plan. After voting against the bill, Hensarling said,

Following September 29 House vote, the Dow Jones Industrial Average dropped 777 points in a single day, its largest single-day point drop ever. The House subsequently passed the bill in a second vote on October 3.

On November 19, 2008 Hensarling was appointed by United States House of Representatives Minority Leader John Boehner to serve on the five-member Congressional Oversight Panel created to oversee the implementation of the Emergency Economic Stabilization Act. He was the lone dissenting member on the "Accountability for the Troubled Asset Relief Program" report issued by the panel on January 9, 2009.^[4]

House Leadership[link]

In 2008 Jeb Hensarling was mentioned as a possible candidate for House GOP leadership, and sought to run for Republican Conference Chairman, the number three position in House Republican minority leadership. According to news reports, despite having more than enough support from his colleagues to win, Hensarling stepped aside and endorsed former Republican Study Committee Chairman Mike Pence, a longtime friend and ally. Hensarling noted that "House Republicans have no better communicator or Member with communications expertise than Mike Pence."^[5]

After the 2010 elections and the announcement from Pence that he was stepping away from his leadership position in the House (possibly to consider a run for Governor of Indiana, US President or Vice President), Hensarling became the favorite of the Republican leadership to move into the GOP Conference Chair (the fourth leadership post upon taking the majority).^[6] The House founder of the Tea Party Caucus, Rep. Michele Bachmann, also announced on her Facebook page her intention to seek the position. This caused some to see the leadership election as "an early test of how GOP leaders will treat the antiestablishment movement's winners".^[7] While Speaker-to-be John Boehner remained neutral on the issue, other members of the leadership quickly endorsed Hensarling, including Eric Cantor, Ron Paul, and the outgoing Mike Pence.^[7]

Senate[link]

Hensarling has also been mentioned as a top contender to replace outgoing Texas Senator Kay Bailey Hutchison by the Dallas Morning News, Fort Worth Star-Telegram, Associated Press, and Fox News.^{[citation needed]}

References[link]

External links[link]

• U.S. Representative Jeb Hensarling Lee official House site
• Jeb Hensarling for U.S. Congress official campaign site
• Biography at WhoRunsGov.com at The Washington Post
• Biography at the Biographical Directory of the United States Congress
• Voting record maintained by The Washington Post
• Biography, voting record, and interest group ratings at Project Vote Smart
• Congressional profile at GovTrack
• Congressional profile at OpenCongress
• Issue positions and quotes at On the Issues
• Financial information at OpenSecrets.org
• Staff salaries, trips and personal finance at LegiStorm.com
• Campaign finance reports and data at the Federal Election Commission
• Appearances on C-SPAN programs
• Collected news and commentary at The New York Times
• Profile at SourceWatch
• Article describing his victory as chairman of the RSC