Pre-emption
Legal Definition and Related Resources of Pre-emption
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Pre-emption
The doctrine of pre-emption originates from article VI, clause 2 of the U.S. federal constitution which mandates that Federal law overrides any state regulation with which it is in actual conflict. The purpose of pre-emption doctrine is to avoid conflicting regulations by various sovereigns. See Amalgamated association of street , Electric, Ry. and Motor Coach Employees v Lockridge, 403 U.S. 274.
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Pre-emption in Historical Law
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Legal Abbreviations and Acronyms
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Related Legal Terms
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Meaning of Pre-emption in the Past
The right of preemption is the right of a nation to detain the goods of strangers passing through her territories or seas, in order to afford to her subjects the preference of purchase. 1 Chit. Com. Law, 103; 1 Bl. Com. 287.
Developments
This right is sometimes regulated by treaty. In that which was made between the United States of America and Great Britain (the countries of England, Scotland and Wales) (see more about the British legal system here) , bearing date the 10th day of November, 1794, ratified in 1795, it was agreed, art. 18, after mentioning that the usual munitions of war and also naval materials should be confiscated as contraband, that "but the difficulty of agreeing on precise cases in which alone provisions and other articles not generally contraband may be regarded as such, makes it expedient to give against the inconveniences and misunderstandings which might thence arise. It is further agreed that whenever any such articles so being contraband according to the existing laws of nations, must for that reason be seized, the same must not be confiscated, but the owners tof this must be speedily and completely indemnified; an the captors or in their default-the government (see more about this popular legal topic in the U.S. encyclopedia) under whose authority they act, must pay to the masters or owners of such vessel the full value of all articles, with a reasonable mercantile profit thereon, together with the freight and also the damages (see more about this popular legal topic in the U.S. encyclopedia) incident to such detention." See Mann. Com. B. 3, c. 8.
Details
By the laws of the United States of America the right given to settlers of public lands, to buy them in preference to others, is called the preemption right. See act of L. April 29, 1830, 4 Sharsw. Cont. of Story, U. S. 2212. [1]
Resources
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Notes and References
Partialy, this information about pre-emption is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including pre-emption.
See Also
Pre-emption