A federal agency, responsible for regulating public safety in interstate transportation, issues a regulation requiring all commercial truck drivers to undergo annual physical examinations by a federally certified physician. A state passes a law allowing commercial truck drivers licensed in that state to undergo examinations by any physician licensed in the state, regardless of federal certification. A commercial truck driver licensed in the state is cited by federal authorities for non-compliance with the federal regulation. Which of the following is the most likely outcome if the driver challenges the federal regulation?
- AThe state law will be upheld because states have reserved powers under the Tenth Amendment to regulate health and safety.
- BThe state law will be upheld because the federal regulation is an unfunded mandate on the state.
- CThe federal regulation will be upheld because Congress has plenary power over interstate commerce.
- DThe federal regulation will be upheld because it preempts the state law under the Supremacy Clause.
Show answer & explanationAnswer & explanation
Correct answer: D. The federal regulation will be upheld because it preempts the state law under the Supremacy Clause.
This scenario involves a conflict between federal and state law in an area where Congress has exercised its Commerce Clause power. When a valid federal law or regulation conflicts with a state law, the federal law preempts the state law under the Supremacy Clause. Here, the federal agency's regulation, issued under Congress's power to regulate interstate transportation, directly conflicts with the state's less stringent requirement, making the federal regulation supreme.
Why the other options are wrong
- A. States do have reserved powers, but these powers cannot be exercised in a way that conflicts with or undermines valid federal law.
- B. The federal regulation is on truck drivers, not an unfunded mandate on the state government itself.
- C. While Congress has plenary power, the specific mechanism is preemption under the Supremacy Clause, not just plenary power itself.
Supremacy Clause - Preemption
The Supremacy Clause dictates that valid federal laws and treaties are supreme to conflicting state laws, leading to preemption.
- Federal law is supreme when it conflicts with state law.
- Preemption can be express, field, or conflict.
- Conflict preemption occurs when it's impossible to comply with both or state law impedes federal objective.
Memory trick: Federal F-A-C-T: Federal Always Controls, Trumping State.