Congressional Preemption During the George W. Bush Administration *

Joseph F. Zimmerman

Publius: The Journal of Federalism, 2007, vol. 37, issue 3, 432-452

Abstract: President Bush approved 64 preemption acts during 2001-2005. Fifteen acts were responses to the September 11, 2001, terrorist attacks, and five acts extended sunset provisions. The other acts removed specified powers from states in the fields of banking, commerce, energy, environmental protection, finance, foreign commerce, health, intellectual property, safety, taxation, telecommunications, and transportation. Only the two Internet taxation prohibition acts have a major impact on state governments by depriving them of billions of dollars in tax revenues that could be used to exercise their reserved powers. The other acts are minor ones on the periphery of state exercised powers compared to laws enacted in the period 1964-1999. Copyright 2007, Oxford University Press.

Date: 2007
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