Bar Exam — MBE (Multistate Bar Exam)Constitutional LawEasy
A federal agency, acting under authority delegated by Congress, promulgates a regulation that limits the discharge of certain pollutants into navigable waters. A state, which has its own, less stringent regulations on the same pollutants, challenges the federal regulation. Which of the following is the most appropriate legal principle for resolving this conflict?
- AThe Tenth Amendment, reserving powers to the states, renders the federal regulation invalid.
- BThe federal regulation preempts the state regulation under the Supremacy Clause.
- CThe federal regulation is invalid because it unlawfully commandeers state legislative processes.
- DThe state regulation is valid under the concurrent powers doctrine, allowing both federal and state laws to coexist.
Show answer & explanationAnswer & explanation
Correct answer: B. The federal regulation preempts the state regulation under the Supremacy Clause.
Under the Supremacy Clause, federal laws (including valid regulations by federal agencies) are supreme to state laws when there is a conflict. If Congress has the authority to regulate an area (like navigable waters under the Commerce Clause), and it enacts a law or authorizes an agency to do so, conflicting state laws are preempted.
Why the other options are wrong
- A. The Tenth Amendment reserves powers not delegated to the federal government, but environmental regulation of navigable waters falls within delegated federal power (Commerce Clause).
- C. Commandeering involves compelling states to enact or enforce federal law, not merely regulating in an area where states also regulate.
- D. While concurrent powers exist, preemption dictates that if a federal law conflicts or occupies the field, state law cannot coexist if it is less stringent or contradictory.
Supremacy Clause (Preemption)
The Supremacy Clause (Article VI, Clause 2) establishes that the Constitution, federal laws, and treaties are the 'supreme law of the land,' overriding conflicting state laws.
- Federal law can preempt state law in three ways: express, field, or conflict preemption.
- Express preemption: Congress explicitly states federal law is exclusive.
- Field preemption: Congress intends to occupy the entire field.
- Conflict preemption: State law makes it impossible to comply with federal law OR frustrates federal purpose.
Memory trick: Federal law reigns supreme, like a king in a dream.