The answer is preemption. The preemption doctrine raises to
the idea that a higher authority of law will move the law of a lower authority
of law when the two authorities come into conflict or encounter. When federal
and state law conflict, federal law shifts, or preempts, state law, due to
the Supremacy Clause of the Constitution. U.S. Const. art. VI.,
§ 2. Preemption relates nevertheless of whether the conflicting laws come
from legislatures, courts, administrative agencies, or constitutions. For instance,
the Voting Rights Act, an
act of Congress, anticipates state constitutions, and FDA regulations may
preempt state court judgments in cases concerning prescription drugs.
