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Congressional Preemption
Regulatory Federalism
Congressional Preemption
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Joseph F. Zimmerman - Author
Price: $70.00 
Hardcover - 302 pages
Release Date: May 2005
ISBN10: 0-7914-6563-2
ISBN13: 978-0-7914-6563-9

Quantity:  
Price: $31.95 
Paperback - 302 pages
Release Date: June 2006
ISBN10: 0-7914-6564-0
ISBN13: 978-0-7914-6564-6

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Examines the use of preemption powers by Congress to completely or partially remove regulatory authority from state and local governments.

Congressional Preemption provides an in-depth account of the use of preemption powers by Congress to either partially or completely remove regulatory authority from state and local governments in a wide variety of fields. Author Joseph F. Zimmerman exposes the inadequacies of the two current theories of United States federalism—dual and cooperative—by exploring the impact of Congress' frequent use of its preemption powers since 1965. While the dual and cooperative federalism theories retain a degree of explanatory power, Zimmerman considers why they do not explain the profound systemic changes produced by congressional preemption. Other topics covered include congressional use of conditional grants-in-aid, crossover sanctions, tax credits, tax sanctions, and partial and complete redemption; the theory of political safeguards of federalism; and the Blackmun Thesis, which encourages states to seek relief from preemption statutes in Congress and not the courts. The book concludes with postulates of a broader theory of federalism and recommendations addressed to Congress to reinvigorate the federal system.

“Joseph Zimmerman’s Congressional Preemption provides a definitive account of preemption statutes, how they are used, and to what consequence across a range of regulatory policy domains.” — Perspectives on Politics

“This is a useful reference source for federalism, public administration, and public policy scholars who seek to gain greater understanding of the relationship between the US Congress and state and local governments … A major strength of this study is that Zimmerman identifies a multitude of preemption statutes that have shaped federalism, dating back to the beginning of the American political system in 1789.” — CHOICE

"Zimmerman is, without a doubt, among the leading scholars of federalism. He provides no less than a brilliant insight into a 'hidden' development of federalism: how the federal government has enhanced its position in the overall federal system through its usage of various forms of preemption powers." — Nelson Wikstrom, coauthor of Metropolitan Government and Governance: Theoretical Perspectives, Empirical Analysis, and the Future

Joseph F. Zimmerman is Professor of Political Science at the University at Albany, State University of New York, and the author of many books, including Interstate Economic Relations, also published by SUNY Press.

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Table of Contents

Preface
Acknowledgments

1. Congressional Preemption
2. Establishment of a Federation
3. Spending Power Preemption
4. Complete Field Preemption
5. Imperium in Imperio and Limited Preemption
6. Judicially Determined Preemption
7. Metamorphic Federalism

Notes
Bibliography
Index


Related Subjects
44510/44511(MR/MS/MC)

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