Hostname: page-component-77c89778f8-fv566 Total loading time: 0 Render date: 2024-07-20T07:35:06.857Z Has data issue: false hasContentIssue false
  • English
  • Français

Congressional Preemption: Removal of State Regulatory Powers

Published online by Cambridge University Press:  01 August 2005

Joseph F. Zimmerman
Joseph F. Zimmerman
Affiliation:
Rockefeller College, University at Albany
Get access Rights & Permissions [Opens in a new window]

Extract

The balance of national and state powers has undergone continuous readjustment since 1790, without a constitutional amendment by means of numerous congressional preemption statutes superseding completely or partially certain regulatory powers of the states and thereby effectuating a major transformation in the federal system. Congress since 1978 has increased its regulation of subnational governments as polities by enacting preemption statutes containing mandates and restraints (Zimmerman 1994) while simultaneously enacting other statutes providing for extensive deregulation of the banking and communications industries and complete economic deregulation of the air, bus, and rail transportation companies.

Type
SYMPOSIUM
Information
PS: Political Science & Politics , Volume 38 , Issue 3 , July 2005 , pp. 375 - 378
Copyright
© 2005 The American Political Science Association

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Jarrett, Jan. 2004. “It's Time to Wake Up and Smell the Manure.” Bay Journal, September 14, 22.Google Scholar
Stewart, William H. 1984. Concepts of Federalism. Lanham, MD: University Press of America.Google Scholar
Wechsler, Herbert. 1953. “The Political Safeguards of Federalism: The Role of the States in the Composition and Selection of the National Government.” Columbia Law Review 54: 543–60.Google Scholar
Zimmerman, Joseph F. 2005. Congressional Preemption: Regulatory Federalism. Albany: State University of New York Press.Google Scholar
Zimmerman, Joseph F. 2004. Interstate Economic Relations. Albany: State University of New York Press.Google Scholar
Zimmerman, Joseph F. 1994. Federally Induced Costs Affecting State and Local Governments. Washington, D.C.: United States Advisory Commission on Intergovernmental Relations.Google Scholar
Zimmerman, Joseph F., and Sharon Lawrence. 1992. Federal Statutory Preemption of State and Local Authority: History, Inventory, and Issues. Washington, D.C.: United States Advisory Commission on Intergovernmental Relations.Google Scholar