States Rights

It will have to be decided by the Supreme Court. "While the majority suggests that Congress could have asserted pre-emption if it wanted to, Thomas argues that the 10th amendment to the U.S. Constitution deprives the Congress power to pre-empt states' product-liability laws at all..." Wyeth v. Levine: States’ Rights Trump Federal Pre-emption

The next incoming Supreme Court justice will likely be one who believes that the Constitution is "living and breathing". You assert this when you hate the Constitution and you hate America.

Response to comment [from other]:  "[Y]ou hate America."

Let me ask you this.  If you had a wife and said to her, "I'd like to fundamentally change you." Do you really love her at all? 
  Barak Obama is all about power (federal power) and control.  That is why states must assert their rights. 

States Rights