preemption

noun

pre·emp·tion prē-ˈem(p)-shən How to pronounce preemption (audio)

: the right of purchasing before others

especially : one given by the government to the actual settler upon a tract of public land

: the purchase of something under this right

: a prior seizure or appropriation : a taking possession before others

: 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 also federal preemption

: 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

: a policy of launching a preemptive attack in order to prevent a suspected imminent attack

Example Sentences

longtime residents resented the preemption of their urban neighborhood by this influx of affluent yuppies

Recent Examples on the Web The 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

Legal Definition

preemption

noun

pre·emp·tion prē-ˈemp-shən How to pronounce preemption (audio)

: the right of purchasing before others : preemptive right

: a right to purchase a tract of public land before others that was given by the government to the actual occupant of the land

Note: This sense of preemption is primarily of historical importance.

: a doctrine in conflicts of law: when a superior government (as of a state) has undertaken to regulate a subject its laws supersede those of an inferior government (as of a municipality)

Note: According to the doctrine of preemption, federal law supersedes state law when federal law is in conflict with a state law on a subject or when there is congressional intent to regulate a subject to the exclusion of the states. Federal preemption is based on the supremacy clause of the U.S. Constitution and is closely related to the powers granted Congress in the commerce clause.

: an act or instance of preempting

单词	preemptions
释义	preemption noun pre·emp·tion prē-ˈem(p)-shən 1 a : the right of purchasing before others 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 also federal 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 Synonyms appropriation arrogation commandeering detainer expropriation seizure takeover usurpation See all Synonyms & Antonyms Example Sentences longtime residents resented the preemption of their urban neighborhood by this influx of affluent yuppies Recent Examples on the Web The 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 First Known Use 1602, in the meaning defined at sense 1a Legal Definition preemption noun pre·emp·tion prē-ˈemp-shən 1 a : the right of purchasing before others : preemptive right b : a right to purchase a tract of public land before others that was given by the government to the actual occupant of the land Note: This sense of preemption is primarily of historical importance. 2 : a doctrine in conflicts of law: when a superior government (as of a state) has undertaken to regulate a subject its laws supersede those of an inferior government (as of a municipality) Note: According to the doctrine of preemption, federal law supersedes state law when federal law is in conflict with a state law on a subject or when there is congressional intent to regulate a subject to the exclusion of the states. Federal preemption is based on the supremacy clause of the U.S. Constitution and is closely related to the powers granted Congress in the commerce clause. 3 : an act or instance of preempting History and Etymology for preemption Medieval Latin praeemption- praeemptio previous purchase, from praeemere to buy before preemptions noun plural of preemption as in takeovers the unlawful taking or withholding of something from the rightful owner under a guise of authority longtime residents resented the preemption of their urban neighborhood by this influx of affluent yuppies Synonyms & Similar Words Relevance takeovers appropriations seizures annexations expropriations invasions usurpations sequestrations occupancies arrogations confiscations occupations assumptions infringements defalcations misuses misapplications detainers piracies impoundments encroachments peculations embezzlements thefts repossessions grabs misappropriations ejections dispossessions attachments preoccupancies deforcements trespasses despoilments disfurnishments
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preemption

noun

Synonyms

Example Sentences

Word History

Legal Definition

noun

noun