preemption

noun

pre·​emp·​tion prē-ˈem(p)-shən How to pronounce preemption (audio)
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

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 Several other business groups, including the Florida Homebuilders Association, the National Utility Contractors Association and the Aluminum Association of Florida, supported the local preemption bill. Ana Ceballos, Miami Herald, 22 Feb. 2024 Still, many municipalities face hurdles in implementing climate policies due to statutory preemption, whereby a federal or state law overrides a local government’s environmental, energy, transportation, or other initiatives. Ankit Mishra, Forbes, 19 Feb. 2024 Supporters of giving local governments more power to regulate firearms last year launched a campaign called Sensible Missouri to place an initiative petition on the ballot that would roll back the state’s preemption law. Kacen Bayless, Kansas City Star, 15 Feb. 2024 The danger comes when a corporate special interest is the force driving that preemption (like when the puppy mill industry lobbied the legislature to overturn Tempe’s pet store regulations). Sam Kmack, The Arizona Republic, 10 Feb. 2024 The suit raised a number of complex issues of sovereign immunity, federal preemption of state law, the scope of the Border Patrol’s powers, and the power of courts to enjoin federal immigration-enforcement actions. The Editors, National Review, 25 Jan. 2024 Manufacturers have drawn on the preemption defense to sidestep liability for patient injuries, and often win dismissal, though federal courts are split in applying the doctrine. Fred Schulte, CBS News, 20 Dec. 2023 Yet for Lucas, who is Black, preemption is also a civil rights issue, one he’s discussed with the NAACP and African American Mayors Association. Molly Hennessy-Fiske, Washington Post, 27 Nov. 2023 An initial attempt by the state lawmakers to pass such a law was vetoed by the governor over preemption concerns, so a new version was subsequently enacted. Ed Silverman, STAT, 17 Aug. 2023

These examples are programmatically compiled from various online sources to illustrate current usage of the word 'preemption.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.

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

Time Traveler
The first known use of preemption was in 1602

Dictionary Entries Near preemption

Cite this Entry

“Preemption.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/preemption. Accessed 29 Mar. 2024.

Legal Definition

preemption

noun
pre·​emp·​tion prē-ˈemp-shən How to pronounce preemption (audio)
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

More from Merriam-Webster on preemption

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