Hypothetical 1

Federal Law:
Section (1) Trucks traveling in interstate commerce may be painted any color chosen by the owner of the truck, without restriction.
Section (2) This law preempts state laws that mandate the color trucks must be painted.

State Law:
Trucks traveling on roads within this state must be painted orange.
 
Does federal law preempt state law?


Hypothetical 2

Federal Law:
Section (1) Trucks traveling in interstate commerce may be painted any color chosen by the owner of the truck, without restriction.
Section (2) This law does not preempt state laws that mandate the color trucks must be painted.

State Law:
Trucks traveling on roads within this state must be painted orange.

Does federal law preempt state law?


Hypothetical 3

Federal Law:
Section (1) Trucks traveling in interstate commerce may be painted any color chosen by the owner of the truck, without restriction.
Section (2) This law preempts state laws that mandate the color trucks must be painted.

State Law:
The State waives a truck registration fee for truck owners that paint their trucks orange.
 
Does federal law preempt state law?
 

Hypothetical 4

Section (1) Trucks traveling in interstate commerce may be painted any color chosen by the owner of the truck, without restriction.
Section (2) This law does not preempt state laws that mandate the color trucks must be painted for the purpose of achieving genuine safety benefits.

State Law:
Trucks traveling on roads within this state must be painted orange.

Does federal law preempt state law? 


Hypothetical 5

Federal Law:
Trucks traveling in interstate commerce must be painted green.

State Law:
Trucks traveling on roads within this state must be painted orange.

Does federal law preempt state law?


Hypothetical 6

Federal Law:
Trucks traveling in interstate commerce may be painted any color chosen by the owner of the truck, without restriction.

State Law:
Trucks traveling on roads within this state must be painted orange.

Does federal law preempt state law?


Hypothetical 7

Federal Law:
The Omnibus Federal Truck Safety law includes requirements for trucks traveling in interstate commerce on the following subjects: weight, width, length, mudflaps, tires, signals, seatbelts, airbags, and mirrors.

State Law:
Trucks traveling on roads within this state must be painted orange.

Does federal law preempt state law?


Hypothetical 8

After a series of shootings inside hospitals, Congress enacted the Hospital Zone Safety Act. It makes it a federal crime to knowingly possess a gun within 500 feet of a public or private hospital. The Act contains the following provision: This law preempts state laws that either forbid or allow gun possession within 500 feet of a public or private hospital.

State law allows gun possession by licensed gun owners within 500 feet of a public or private hospital.

Does federal law preempt state law?


Hypothetical 9

Both a state and the federal government have enacted a potato chip labeling law.  The federal law requires that packages of potato chips shipped in interstate commerce contain the following label:

Required Label: This product is high in saturated fat.  A diet high in saturated fat may increase the risk of coronary heart disease.

The federal law is silent about its impact on state potato chip labeling laws.

The state law requires that packages of potato chips sold in the state contain the following label:

Required Label: Potato Chips contain acrylamide.  Acrylamide is a chemical that has caused cancer in laboratory animals.

Does federal law preempt state law?