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Paralegal Exam Prep

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A state cannot regulate nuclear energy facilities because the federal government has created the Nuclear Regulatory Commission to establish and enforce rules and regulations in the nuclear energy field. Under the U.S. Constitution, this is an example of _____________________.
  1. The supremacy of state law.
  2. Federal police power.
  3. Uncontrolled federal power.
  4. Federal preemption.
Explanation
Answer: D - Federal preemption. Preemption is a constitutional doctrine that permits the federal government to supersede or supplant the states in the regulation of a given field. Congress expressly preempts state law when a statute explicitly states that the statute preempts state law. A statute can also preempt state law if it is impossible to comply with both the state and the federal law, and if Congress clearly intended to preempt state law, but did not explicitly state that state law was preempted.
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