<P> Congress has preempted state regulation in many areas . In some cases , such as the 1976 Medical Device Regulation Act , Congress preempted all state regulation . In others , such as labels on prescription drugs , Congress allowed federal regulatory agencies to set national minimum standards , but did not preempt state regulations imposing more stringent standards than those imposed by federal regulators . Where rules or regulations do not clearly state whether or not preemption should apply , the Supreme Court tries to follow lawmakers ' intent , and prefers interpretations that avoid preempting state laws . </P>
<P> Congress has preempted state regulation in many areas . In some cases , such as the 1976 Medical Device Regulation Act , Congress preempted all state regulation . In others , such as labels on prescription drugs , Congress allowed federal regulatory agencies to set national minimum standards , but did not preempt state regulations imposing more stringent standards than those imposed by federal regulators . Where rules or regulations do not clearly state whether or not preemption should apply , the Supreme Court tries to follow lawmakers ' intent , and prefers interpretations that avoid preempting state laws . </P>
who ensures that the states abide by constitutional and federal law
who ensures that the states abide by constitutional and federal law
Supreme Court
Supreme Court