法律英语：25 Federal Preemption

by Michael W. Flynn
 
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New York Passes a Passenger Bill of Rights

Today’s topic is federal preemption, as applied⁵ in a recent court decision overturning a New York state law that gave airline passengers certain rights while suffering lengthy⁶ delays. In the winter of 2006-2007, passengers on certain flights spent over 10 hours sitting on runways waiting for their flights to take off. During this time, some passengers were not given food or water. In response, the New York state legislature passed a “Passenger Bill of Rights,” which provided in relevant part:
 
Whenever airline passengers have boarded an aircraft and are delayed more than three hours on the aircraft prior to takeoff, the carrier shall ensure that passengers are provided as needed with:
(a) electric generation service to provide temporary power for fresh air and lights;
(b) waste removal service in order to service the holding tanks for on-board restrooms; and
(c) adequate food and drinking water and other refreshments⁷.
 

ATA Tries to Strike Down the Passenger Bill of Rights

At least nine other states have proposed similar legislation. The Air Transport Association of America, which is the principal trade and service organization of the United States airline industry, sued in federal court to strike down the law. The Association argued that federal law regulating the airline industry preempted⁸ New York’s law.

What Happens When State Laws Conflict With Federal Laws?

 
To understand the argument, it is first necessary to explain preemption. Article VI, clause 2 of the Constitution, or the Supremacy⁹ Clause, provides that
 
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme¹⁰ Law of the Land; and the Judges in every State shall be bound thereby¹¹, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
 
This clause operates to preempt⁴, or strike down, state laws that interfere¹² with or contradict federal laws. Preemption can be either express or implied. Express preemption arises when a federal statute¹³ expressly directs that state law be ousted¹⁴. Implied preemption arises when, in the absence of explicit¹⁵ statutory language, Congress intended the Federal Government to occupy a field of law exclusively, or when state law actually conflicts with federal law.

A Federal Law Specific to Airlines

 
The court considering the New York Passenger Bill of Rights looked at one statute in particular, the Airline Deregulation Act, passed in 1978. That law was passed when the United States deregulated its airline industry to allow private businesses to operate airlines free of government price-fixing. The law provides that a state “may not enact¹⁶ or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service.”

No More Passenger Bill of Rights

 
The court noted¹⁷ that one purpose of the 1978 law was to prevent states from interfering¹⁸ with the national deregulation efforts of the airline industry. Based on the Airline Deregulation Act, and the purpose behind it, the court struck down New York’s law because it required a service to passengers. Namely, New York’s law required the giving of refreshments to passengers. The court reasoned that the federal law was intended to prevent states from requiring varying services to passengers, and to ensure a uniform aviation industry. In the end, the court stated that, “Although the goals of the PBR are laudable and the circumstances motivating its enactment¹⁹ deplorable, only the federal government has the authority to enact such a law.”

Vote With Your Dollars

 
This decision does not mean that an airline may not, on its own, give whatever services it wants to stranded²⁰ passengers. It just means that an individual state cannot force an airline to give any services. In the end, the best course of action is to vote with your dollar: only patronize airlines that give basic services to its stranded passengers, or write to your federal representatives to encourage them to enact such a law.
 
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1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

4 preempt   

v.先发制人；先取

参考例句：

• We arrived early at the theatre so as to preempt the front seats.我们早早来到剧院，以便捷足先登占到前排座位。
• He pre-empted any decision to sack him.他预先阻止了所有解雇他的决定。

5 applied   

adj.应用的；v.应用，适用

参考例句：

• She plans to take a course in applied linguistics.她打算学习应用语言学课程。
• This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

6 lengthy   

adj.漫长的，冗长的

参考例句：

• We devoted a lengthy and full discussion to this topic.我们对这个题目进行了长时间的充分讨论。
• The professor wrote a lengthy book on Napoleon.教授写了一部有关拿破仑的巨著。

7 refreshments   

n.点心,便餐;(会议后的)简单茶点招 待

参考例句：

• We have to make a small charge for refreshments. 我们得收取少量茶点费。
• Light refreshments will be served during the break. 中间休息时有点心供应。

8 preempted   

v.先占( preempt的过去式和过去分词 )；取代；先取；先发制人

参考例句：

• A special news program preempted the scheduled shows. 特别的新节目取代预定计划的表演。 来自《简明英汉词典》
• The armymen have preempted the powers of the local government. 军人已夺取了地方政府的权力。 来自互联网

9 supremacy   

n.至上；至高权力

参考例句：

• No one could challenge her supremacy in gymnastics.她是最优秀的体操运动员，无人能胜过她。
• Theoretically,she holds supremacy as the head of the state.从理论上说，她作为国家的最高元首拥有至高无上的权力。

10 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

11 thereby   

adv.因此，从而

参考例句：

• I have never been to that city,,ereby I don't know much about it.我从未去过那座城市，因此对它不怎么熟悉。
• He became a British citizen,thereby gaining the right to vote.他成了英国公民，因而得到了投票权。

12 interfere   

v.(in)干涉，干预；(with)妨碍，打扰

参考例句：

• If we interfere, it may do more harm than good.如果我们干预的话，可能弊多利少。
• When others interfere in the affair,it always makes troubles. 别人一卷入这一事件，棘手的事情就来了。

13 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

14 ousted   

驱逐( oust的过去式和过去分词 )； 革职； 罢黜； 剥夺

参考例句：

• He was ousted as chairman. 他的主席职务被革除了。
• He may be ousted by a military takeover. 他可能在一场军事接管中被赶下台。

15 explicit   

adj.详述的，明确的；坦率的；显然的

参考例句：

• She was quite explicit about why she left.她对自己离去的原因直言不讳。
• He avoids the explicit answer to us.他避免给我们明确的回答。

16 enact   

vt.制定(法律)；上演，扮演

参考例句：

• The U.S. Congress has exclusive authority to enact federal legislation.美国国会是唯一有权颁布联邦法律的。
• For example,a country can enact laws and economic policies to attract foreign investment fairly quickly.例如一个国家可以很快颁布吸引外资的法令和经济政策。

17 noted   

adj.著名的，知名的

参考例句：

• The local hotel is noted for its good table.当地的那家酒店以餐食精美而著称。
• Jim is noted for arriving late for work.吉姆上班迟到出了名。

18 interfering   

adj. 妨碍的 动词interfere的现在分词

参考例句：

• He's an interfering old busybody! 他老爱管闲事！
• I wish my mother would stop interfering and let me make my own decisions. 我希望我母亲不再干预，让我自己拿主意。

19 enactment   

n.演出，担任…角色；制订，通过

参考例句：

• Enactment refers to action.演出指行为的表演。
• We support the call for the enactment of a Bill of Rights.我们支持要求通过《权利法案》的呼声。

20 stranded   

a.搁浅的，进退两难的

参考例句：

• He was stranded in a strange city without money. 他流落在一个陌生的城市里， 身无分文，一筹莫展。
• I was stranded in the strange town without money or friends. 我困在那陌生的城市，既没有钱，又没有朋友。

21 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。