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Legal Definitions - obstacle preemption

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Definition of obstacle preemption

Definition: Obstacle preemption is the principle that federal or state law can override or replace state or local law that creates a barrier to achieving the full purposes and objectives of the overriding federal or state law.

For example, if a state law prohibits the use of a certain type of pesticide, but a federal law allows it, the federal law would preempt the state law because the state law creates an obstacle to achieving the full purposes and objectives of the federal law.

Another example is the conflict between state and federal laws regarding marijuana. While some states have legalized marijuana for medical or recreational use, it is still illegal under federal law. In this case, federal law preempts state law because the state law creates an obstacle to achieving the full purposes and objectives of the federal law.

The young man knows the rules, but the old man knows the exceptions.

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Simple Definition

Obstacle preemption is a principle that says federal or state law can replace state or local law if it gets in the way of achieving the full goals of the higher law. For example, if a state law conflicts with a federal law, the federal law takes precedence. This principle helps ensure that laws are consistent and effective in achieving their intended purposes.

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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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