What is the Preemption Doctrine?

If you are facing criminal charges for an act that is legal under one jurisdiction, but illegal under another, you may want to review the Constitution’s Preemption Doctrine. It can help you better understand your situation, and perhaps even develop a stronger defense to avoid the maximum penalties if ultimately convicted.

Continue reading to learn about the Preemption Doctrine, and how it may apply to your criminal case.

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

The Preemption Doctrine

The Preemption Doctrine stems from the United States Constitution. It is specifically derived from the Supremacy Clause, which states, “Constitution and the laws of the United States (…) shall be the supreme law of the land (…) anything in the constitutions or laws of any state to the contrary notwithstanding.”

So what does this mean in common language? It means that any federal law can override any conflicting state law. Basically, states cannot pass any laws that violate our rights outlined in the U.S. Constitution, otherwise, federal judiciaries can overturn the law for being unconstitutional. On the other hand, there are some exceptions.

You see, if any law provides citizens more rights or imposes more responsibility, such law will prevail. But if state and federal laws blatantly conflict with one another, we go back to the Supremacy Clause which states that federal law will always prevail. Here are some examples that will help you understand who it works:

If a certain law provides citizens more rights, that law will override the opposing jurisdiction. For instance, if state law allows same-sex marriage, but federal law does not, the state law will trump.

If a certain law imposes more responsibility onto citizens, that law will trump the opposing one. For instance, if the state law requires seat belts, but the federal law does not, the state law will prevail.

If state and federal law explicitly conflict, federal law will prevail. For instance, if state law allows cannabis use, but federal law does not, anyone caught in possession of cannabis will be arrested and charged.

Facing Criminal Charges Based on Conflicting State and Federal Laws?

David E. Lewis Criminal Defense Attorney

David E. Lewis Attorney at Law 317-636-7514

What you need is aggressive and skilled legal defense. Call 317-636-7514 to schedule a consultation with aggressive Indiana criminal defense attorney, David E. Lewis, who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

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