Symposium: Congress, Preemption, and Federalism PS July 2005

The Framers of the U.S. Constitution created a compound republic by delegating broad regulatory and tax powers to Congress and reserving powers not prohibited to the states ensured both a fluid federal system and the ability to manage local challenges with local solutions. But these lines are not hard-drawn. The July PS symposium -- brought together by guest editor Joseph F. Zimmerman and containing essays by Timothy J. Conlan and Robert L. Dudley, Paul Teske, and Paul L. Posner -- studies the expanded congressioinal use of preemption powers to remove regulatory powers from the states and the occasional congressional devolution of one of its powers to the states. The articles reveal the current inadequacies of the theories of dual and cooperative federalism and the need for a broader theory.

The Nature and Political Significance of Preemption--Introduction
  Joseph F. Zimmerman

Janus-Faced Federalism: State Sovereignty and Federal Preemption in the Rehnquist Court
  Timothy J. Conlan and Robert L. Dudley

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

The Politics of Preemption: Prospects for the States
  Paul L. Posner

Congressional Preemption: Removal of State Regulatory Powers
  Joseph F. Zimmerman

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