from The American Heritage® Dictionary of the English Language, 4th Edition
- n. The right to purchase something before others, especially the right to purchase public land that is granted to one who has settled on that land.
- n. A purchase made by such a right.
- n. Prior seizure of, appropriation of, or claim to something, such as property.
from Wiktionary, Creative Commons Attribution/Share-Alike License
- n. The purchase of something before it is offered for sale to others.
- n. The purchase of public land by the occupant.
- n. The temporary interruption of a task without its cooperation and with the intention of resuming it at a later time.
- n. The displacement of a lower jurisdiction's laws when they conflict with those of a higher jurisdiction.
But invoking the term preemption and the analogy to Iraq in policy debates for Iran's nuclear program is both misguided and dangerous.
I think this should remain the focus of preemption, because preemption is ultimately about who has the power to do something, not what needs to get done.
I am also more sympathetic than Stewart to the argument that Congress may have sought to balance more stringent enforcement of immigration rules with other interests, and that preemption is one way for Congress to ensure that this balance is maintained.
That preemption is of Federal responsibility is OK?
The problem addressed by preemption is longstanding — the effort of populist state legislatures and politically-ambitious Eliot Spitzers to score political points by attacking out-of-state federally chartered banks.
Perhaps you disagree with this holding; implied preemption/field preemption is one of the most ambiguous and indeterminate areas of law because you never know whether the federal regulation is a floor or “strikes a careful balance.”
There are rarely square circuit splits in preemption cases because different states have subtly different laws, but the Court takes preemption cases all the time.
The case for preemption is weaker when Congress has recognized dual schemes but has decided to tolerate whatever tension is created.
Where the parties collaborated to create a copyrighted advertising product, conflict preemption is likely to be appropriate.
Some of these “hangups” are founded on the very real concern that federal preemption is not the best approach, given that it will take all levels of government (local, state, and federal) to tackle our energy and environmental problems.