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- Title
The Rehnquist Court and Federal Preemption: In Search of a Theory.
- Authors
O'Brien, David M.
- Abstract
In the 1980s, the US. Supreme Court was expected to become more solicitous of "states `rights "and to reconsider doctrines of federal preemption of state and local laws. Those expectations were built on the Court's ruling in National League of Cities v. Usery and reinforced by the Reagan administration`s rhetoric and Court appointments. The record of the Rehnquist Court, however, demonstrates that it has backed away from vigorously enforcing the Tenth Amendment and has erected only minor constitutional barriers, as in New York v. United States, to the Congress `power over the states. Moreover, the Court has not retreated from finding implied statutory preemptions or from imposing its own dormant-commerce clause power on the states. The article concludes by considering a number of explanations for the Court's record and rulings on federal preemption.
- Subjects
UNITED States; EXCLUSIVE &; concurrent legislative powers; FEDERAL government; UNITED States. Supreme Court; UNITED States. Congress; LEGISLATIVE power
- Publication
Publius: The Journal of Federalism, 1993, Vol 23, Issue 4, p15
- ISSN
0048-5950
- Publication type
Article