Preemption Meaning: Definition, Examples, and Translations
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preemption
[priːˈɛmptʃən ]
Definition
legal context
Preemption refers to the principle that allows a higher authority to displace or override a lower authority's laws or regulations. In the United States, it often pertains to federal laws taking precedence over state laws. It can apply to various areas such as legislative acts, judicial decisions, and administrative regulations. Preemption serves to maintain a uniform legal framework, preventing conflicts between different jurisdictions.
Synonyms
displacement, override, supersession.
Examples of usage
- The federal law on immigration preempts state regulations.
- Preemption of local ordinances is common in environmental law.
- The Supreme Court ruled in favor of preemption in this case.
Translations
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Interesting Facts
Law
- Preemption in law often occurs when federal laws override state laws to create a uniform policy.
- The principle helps avoid conflicts between different levels of laws in the U.S. legal system.
- Preemption can protect important national interests, ensuring a cohesive approach to issues like environmental policies.
Politics
- Politically, preemption can refer to strategies that aim to head off opposition before it gains traction.
- This strategy is seen in campaigns where one candidate addresses issues before they can be used by opponents.
- Preemptive policies can shape public opinion and legislative agendas, allowing certain issues to dominate discussions.
Technology
- In computing, preemption allows a system to temporarily halt a running process to manage resources efficiently.
- This is crucial in multitasking environments where prioritizing tasks leads to improved performance.
- Operating systems use preemptive scheduling to ensure no single process monopolizes system resources.
Psychology
- Preemptive actions can be linked to behaviors in psychology, such as proactively addressing anxiety before it escalates.
- In negotiations, anticipating the needs and objections of the other party before they are voiced can lead to successful outcomes.
- Cognitive behavioral strategies sometimes encourage preemptive thought patterns to prevent negative experiences.
Origin of 'preemption'
Main points about word origin
- The word comes from the Latin 'praeemere,' meaning to buy before others.
- In the legal context, it refers to a law that takes priority over state laws.
- In military terms, it refers to taking action to prevent threats before they escalate.
The term 'preemption' originates from the Latin word 'praeemere', which means 'to take before'. This etymology reflects the concept of taking precedence or priority over something else. In legal terminology, the usage of 'preemption' emerged in the United States in the early 19th century as the nation expanded and the need to address conflicts between state and federal laws became evident. It was particularly relevant in relation to land use and territorial rights, as different authorities sought to establish control over newly acquired lands. Over the years, the application of preemption has expanded into various sectors, including environmental regulation, telecommunications, and healthcare, highlighting its significance in maintaining a cohesive legal structure.