The North Shore Safe Renters Ordinance Essay

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I. THE NORTH SHORE SAFE RENTERS ORDINANCE IS NOT PREEMPTED BECAUSE IT DOES NOT REGULATE IN A FIELD EXLUSIVELY GOVERNED BY CONGRESS AND IT DOES NOT STAND AS AN OBSTACLE TO CONGRESS’S IMMIGRATION LAWS AND POLICIES. “Federalism, central to the constitutional design, adopts the principle that both the National and State Governments have elements of sovereignty the other is bound to respect.” Arizona v. United States, 132 S. Ct. 2492, 2500 (2012). The Supremacy Clause provides a clear rule that federal law “shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Art. VI, cl. 2. Under this standard, Congress has the power to preempt state law. Arizona, 132 S. Ct. at 2495; Crosby v. National Foreign Trade Council, 530 U.S. 363, 372 (2000); Gibbons v. Ogden, 9 Wheat. 1, 210–211 (1824). However, it is assumed that historic State police powers are not superseded “unless that was the clear and manifest purpose of Congress.” Arizona, 132 S. Ct. at 2501; Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947).
Congress may withdraw specified powers from States by enacting a statute containing an express preemption provision. (Chamber of Commerce of U.S. v. Whiting, 563 U.S. 582, 594 (2011). Absent express preemption, a state or local law may be preempted under two circumstances: field and conflict preemption. (Gade v. National Solid Wastes

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