The Rise of State Preemption Laws in Response to Local Policy Innovation

This article analyzes the increasing use of state preemption law by conservative state leaders as a tool to rein in progressive local governments. The scope and special qualities of recent state preemption laws are explored by examining legislation preempting local fracking bans, preventing minimum...

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Bibliographic Details
Published in:Publius 2017-07, Vol.47 (3), p.403-425
Main Author: Riverstone-Newell, Lori
Format: Article
Language:English
Subjects:
Analysis
Exclusive and concurrent legislative powers
Policy sciences
Preemption (Legislative power)
State jurisdiction
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Summary:This article analyzes the increasing use of state preemption law by conservative state leaders as a tool to rein in progressive local governments. The scope and special qualities of recent state preemption laws are explored by examining legislation preempting local fracking bans, preventing minimum wage ordinances, targeting sanctuary city policies, overturning LGBT rights ordinances, and enacting blanket preemption measures. Reasons for the recent surge of state preemption laws are suggested, and the overall effectiveness of these laws is discussed. I conclude that rising conservative dominance of state legislatures has provided the opportunity to thwart progressive local policies, and these efforts have been aided by various industry and conservative organized groups. State preemption laws are not always successful in their aims. In some cases, state supreme courts have sided with local officials' claims of state overreach. In others, local officials have simply refused to comply. In any case, the threat of preemption may have a chilling effect on local policy innovation.
ISSN:0048-5950
1747-7107
DOI:10.1093/publius/pjx037