preemption

noun

pre·​emp·​tion prē-ˈem(p)-shən 

1

a

: the right of purchasing before others

especially : one given by the government to the actual settler upon a tract of public land

b

: the purchase of something under this right

2

: a prior seizure or appropriation : a taking possession before others

3

a

: a doctrine in law according to which federal law supersedes state law when federal law is in conflict with a state law

Even without an express provision for preemption, we have found that state law must yield to a congressional Act in at least two circumstances.

—Crosby v. National Foreign Trade Council

called also federal preemption

b

: a doctrine in law according to which the legislation of a superior government (such as a state government) supersedes that of an inferior government (such as a municipal government) in conflicts of law

4

: a policy of launching a preemptive attack in order to prevent a suspected imminent attack

Synonyms

• appropriation
• arrogation
• commandeering
• detainer
• expropriation
• seizure
• takeover
• usurpation

Examples of preemption in a Sentence

longtime residents resented the preemption of their urban neighborhood by this influx of affluent yuppies

Recent Examples on the Web

Various competing policy priorities (such as the budget, inflation and more), political factors (including a split Congress) and legal policy choices (such as the extent of state law preemption and private rights of action for consumers) are factors holding back the likelihood of passage. —Eric Reicin, Forbes, 3 May 2023

The sheer quantity and pervasiveness of recent state preemption laws severely curtail the operational autonomy of local governments. —Gaby Goldstein, The New Republic, 20 June 2023

Under a legal concept known as the preemption doctrine, conflicting federal law could supersede the new state-level laws on child labor, rendering them invalid. —Julia Malleck, Quartz, 4 July 2023

Under a policy known as preemption, some states, including Kentucky, don’t allow municipalities to make gun laws stricter than the state’s. —Anumita Kaur, Washington Post, 12 Apr. 2023

The opposite is said to be true of Republicans: Not only has the GOP abandoned doctrinal commitments to preemption and proactivity in foreign affairs, but the party’s loudest champions also promise to ... —Noah Rothman, National Review, 9 Mar. 2023

This year alone, the Local Solutions Support Center has identified over 650 abusive preemption bills moving in state legislatures. —Gaby Goldstein, The New Republic, 20 June 2023

While the gas industry has fought back aggressively, its push for preemption laws has been more successful in red states than blue states, where Democratic majorities in state capitals have largely rejected them. —Anna Phillips, Washington Post, 21 Apr. 2023

In an effort to coalesce the measures into a comprehensive package, many provisions within the various bills have been incorporated into a bill forwarded by Sen. Bob Onder, R-Lake Saint Louis, who is spearheading the preemption effort being pushed by the Senate’s Conservative Caucus. —John Haughey, Washington Examiner, 12 Feb. 2021

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Word History

Etymology

Medieval Latin praeemption-, praeemptio previous purchase, from praeemere to buy before, from Latin prae- pre- + emere to buy — more at redeem

First Known Use

1602, in the meaning defined at sense 1a

Legal Definition

preemption

noun

pre·​emp·​tion prē-ˈemp-shən 

1

a

: the right of purchasing before others : preemptive right

b

: a right to purchase a tract of public land before others that was given by the government to the actual occupant of the land

Note: This sense of preemption is primarily of historical importance.

2

: a doctrine in conflicts of law: when a superior government (as of a state) has undertaken to regulate a subject its laws supersede those of an inferior government (as of a municipality)

Note: According to the doctrine of preemption, federal law supersedes state law when federal law is in conflict with a state law on a subject or when there is congressional intent to regulate a subject to the exclusion of the states. Federal preemption is based on the supremacy clause of the U.S. Constitution and is closely related to the powers granted Congress in the commerce clause.

3

: an act or instance of preempting

Etymology

Medieval Latin praeemption- praeemptio previous purchase, from praeemere to buy before