There are different kinds of theory. The doctrine of preemption stipulates that if a state tries to pass a law that conflicts within an area that has federal legislative jurisdiction it will be found unconstitutional.
<h3>What is the doctrine of preemption?</h3>
The doctrine of preemption is known to be a theory that is based on the Supremacy Clause. This state that the federal law will preempts state law, even though there is conflict arising due to the laws.
By the above, a federal court does need a state to stop some behavior it believes does interferes with, or may be in conflict with federal law.
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Answer: When delegates to the Constitutional Convention began to assemble at Philadelphia in May 1787, they quickly resolved to replace rather than merely revise the Articles of Confederation. Although James Madison is known as the “father of the constitution,” George Washington’s support gave the convention its hope of success. Division of power between branches of government and between the federal and state governments, slavery, trade, taxes, foreign affairs, representation, and even the procedure to elect a president were just a few of the contentious issues. Diverging plans, strong egos, regional demands, and states’ rights made solutions difficult. Five months of debate, compromise, and creative strategies produced a new constitution creating a federal republic with a strong central government, leaving most of the power with the state governments. Ten months of public and private debate were required to secure ratification by the minimum nine states. Even then Rhode Island and North Carolina held out until after the adoption of a Bill of Rights.
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