Congressional Preemption: Regulatory FederalismCongressional Preemption provides an in-depth account of the use of preemption powers by Congress to either partially or completely remove regulatory authority from state and local governments in a wide variety of fields. Author Joseph F. Zimmerman exposes the inadequacies of the two current theories of United States federalism—dual and cooperative—by exploring the impact of Congress' frequent use of its preemption powers since 1965. While the dual and cooperative federalism theories retain a degree of explanatory power, Zimmerman considers why they do not explain the profound systemic changes produced by congressional preemption. Other topics covered include congressional use of conditional grants-in-aid, crossover sanctions, tax credits, tax sanctions, and partial and complete redemption; the theory of political safeguards of federalism; and the Blackmun Thesis, which encourages states to seek relief from preemption statutes in Congress and not the courts. The book concludes with postulates of a broader theory of federalism and recommendations addressed to Congress to reinvigorate the federal system. |
Contents
| 1 | |
2 ESTABLISHMENT OF A FEDERATION | 25 |
3 SPENDING POWER PREEMPTION | 41 |
4 COMPLETE FIELD PREEMPTION | 69 |
5 IMPERIUM IN IMPERIO AND LIMITED PREEMPTION | 95 |
6 JUDICIALLY DETERMINED PREEMPTION | 129 |
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98 Stat Accounting Office action administrative agency Air Act Amendments air pollution air quality Block Grant chapter citizens City clause Clean Air Act Clean Water Act Commission on Intergovernmental Congress enacted congressional preemption statutes congressional statutes cooperative Copyright decision delegated powers elected Eleventh Amendment emissions enforcement Environmental establish federal government federal system funds government officers governor Health highway Ibid implementing Intergovernmental Relations interstate commerce January Joseph F Keene NH Law Review legislative legislature license ment motor vehicle national government National Law Journal national-state opined planes of government Policy preempted preemption powers preemption statutes problems promulgate Protection provision regulatory authority regulatory powers responsibility role S.Ct Safety Act specific stipulates subnational governmental subnational governments tion Transportation U.S. Advisory Commission U.S. Constitution U.S. Court U.S. District Court U.S. General Accounting U.S. Supreme Court Union Albany United Voting Rights Act Washington water quality Yonkers York Zimmerman