“Occupy the field” is a legal doctrine that refers to the principle that federal law pre-empts state law when there is a conflict between the two. This means that if Congress has enacted legislation on a particular subject matter, its laws take precedence over state laws in that area. The doctrine ensures uniformity and consistency in federal regulation across different states and prevents states from passing laws that conflict with federal statutes. Courts may apply this doctrine to invalidate state laws that intrude upon areas regulated by federal law, thereby upholding the supremacy of federal legislation.
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This glossary post was last updated: 29th March 2024.
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