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Preemption (law)

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  • In any federal system of law, preemption refers generally to the displacement of a lower jurisdiction's laws when they conflict with those of a higher jurisdiction.
  • In the United States, Federal preemption refers to the displacement of state law by Federal law.
  • "Preemption" is also sometimes used in the United States to refer to the displacing effect state laws might have on ordinances enacted by municipalities, especially in the context of alcoholic beverage laws and gun laws.
  • A distinct use of the term relates to U.S. land transfers; see, for example, Preemption Act of 1841.
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