Question
Under authority delegated from Congress, the Federal Communications Commission puts out new administrative rules that regulate the practices of Internet Service Providers as they relate
Under authority delegated from Congress, the Federal Communications Commission puts out new administrative rules that regulate the practices of Internet Service Providers as they relate to consumer privacy. Assume that Congress overturns these rules under the Congressional Review Act, but that Governor Steel of Ohio thinks that the rules have merit. Acting under his authority as Governor, he issues an executive order telling Ohio Internet Service Providers to adhere to the now voided federal guidelines and ignore Congress's actions. In response, Congress passes a new law called the "Consumer Privacy Bill of Rights" that contradicts Ohio's approach. Which law wins?
Neither law wins; when laws conflict, both are automatically void under the Preemption Clause.
Governor Steel's executive order wins, since executive actions always trump Congressional rulemaking under the Preemption Clause
Congress wins, since federal law trump contrary state executive actions under the Preemption Clause
It is impossible to say under the facts provided
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