It would provide that there was no intent to occupy a field to the exclusion of State laws unless the Federal statute contains an express provision to that effect or unless there is a direct and positive conflict so that they cannot consistently stand together. There are relatively few Federal statutes containing express provisions preempting the field. Major laws relating to interstate enterprises. and others in fields of heretofore undoubted Federal preeminence. such as bankruptcy and immigration. contain no such provisions. In these fields there is serious question as to the effect of section 1 upon heretofore existing court rules of interpretation. Whether there is any difference between the direct and positive conflict test contained In the bill. and that which the courts have heretofore applied.
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immigration