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Checks, Balances, and Thresholds: State Regulatory Re-enforcement and Federal Preemption

Published online by Cambridge University Press:  01 August 2005

Paul Teske
Paul Teske
Affiliation:
University of Colorado, Denver
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Extract

In the last two decades, many cases of actual or attempted federal preemption of state regulation have followed an intriguing new interactive pattern. While this pattern is not comprehensive enough to define a new theory of federalism (see Zimmerman 2004), it now occurs regularly enough to merit close attention and an attempted understanding of its dynamics (see Walters 2004). It is also an example of the kind of complicated federalism, with vertical checks, balances and thresholds, that has emerged in a 21st century America closely divided upon whether and how to use government policy to address various social and economic problems.

Type
SYMPOSIUM
Information
PS: Political Science & Politics , Volume 38 , Issue 3 , July 2005 , pp. 367 - 370
Copyright
© 2005 The American Political Science Association

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References

Carlson, Ann. 2003. “Federalism, Preemption, and Greenhouse Gas Emissions.” University of California Davis Law Review 37: 381–400.Google Scholar
Gerber, Brian, and Paul Teske. 2000. “Field Essay: Regulatory Policymaking in the American States: A Review of Theories and Evidence.” Political Research Quarterly 53: 849–86.Google Scholar
Moe, Terry. 1989. “The Politics of Bureaucratic Structure.” In Can the Government Govern?, eds. John Chubb and Paul Peterson. Washington, D.C.: Brookings Institution, 267–329.Google Scholar
Nivola, Pietro. 2001. “Does Federalism Have a Future?” Public Interest 142: 44–60.Google Scholar
Perez-Pena, Richard, and Patrick McGeehan. 2002. “Assault on Wall St. Misdeeds Raises Spitzer's U.S. Profile.” New York Times, November 4, A1.Google Scholar
Provost, Colin. 2003. “State Attorneys General, Entrepreneurship, and Consumer Protection in the New Federalism.” Publius: The Journal of Federalism 33: 37–52.CrossRefGoogle Scholar
Teske, Paul. 2003. “Captured Anachronism or Autonomous “Re-Enforcing” Structure? American State Regulation.” Perspectives on Politics 1 (June): 291–306.Google Scholar
Teske, Paul. 2004. Regulation in the States. Washington, D.C.: Brookings Institution Press.Google Scholar
Traub, James. 2002. “The Attorney General Goes to War.” New York Times Magazine, July 16, 38–41.Google Scholar
Walters, Jonathon. 2004. “Potomac Chronicle: Preempting Washington.” Governing, September, 8.Google Scholar
Zimmerman, Joseph. 2004. “Congressional Preemption: Regulatory Federalism.” Presented at the Annual Meeting of the American Political Science Association, Chicago.Google Scholar