Question

If the federal and state governments have concurrent authority and the federal government decides to regulate that area exclusively, under the doctrine of federal preemption, the state law __________.

A. is constitutional
B. is equally enforceable
C. controls
D. is unconstitutional

Answer 1

UNCONSTITUTIONAL.

When the state and federal governments have concurrent authority, the federal government can decide to regulate that area exclusively. In such a situation, according to the doctrine of federal preemption, the state law is unconstitutional.

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Answer 2

D. is unconstitutional.