Category: Concurrent Federal and State Jurisdiction
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Preemption
The General Issue: Preemption (Concurrent Federal and State Jurisdiction)In Gibbons v. Ogden,1 the Court, speaking by Chief Justice Marshall, held that New York legislation that excluded from the navigable waters of that state steam vessels enrolled …
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State Labor Laws
Federal Versus State Labor LawsOne group of cases, which has caused the Court much difficulty over the years, concerns the effect of federal labor laws on state power to govern labormanagement relations. Although the Court some time ago reached a settled rule, changes in membership on the Court re-o…
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Preemption Standards
Preemption Standards (Concurrent Federal and State Jurisdiction)Until roughly the New Deal, as recited above, the Supreme Court applied a doctrine of "dual federalism," under which the Federal Government and the states were separate sovereigns, each preeminent in its own fields but lacking…