by adusa37 » Wed Nov 25, 2009 1:35 am
It means that Congress has the sole authority to act in those fields. The States, the President, the Courts, or any other body or individual are preempted from acting in those fields. The general issues with this Clause has been the actions of States seeking to implement laws in those areas. Should a state attempt to create rules for how to create citizenship in the country, that law would be wholly ineffective. Similarly, should a state attempt to create state laws for alleviate the debts of individuals in their states in a bankruptcy-like manner, that law would likely be struck down.
There is some confusion, however in bankruptcy law. Each State is allowed to choose between property exemptions based on either the federal law or choose their state exemption laws. Thus, for example, Florida allows for 100% of home equity to qualify as exempt from bankruptcy, while some states only offer partial "homestead" exemptions.