Congressional preemption : regulatory federalism /
Joseph F. Zimmerman.
Albany : State University of New York Press, c2005.
xiii, 288 p.
0791465632 (hardcover : alk. paper)
More Details
Albany : State University of New York Press, c2005.
0791465632 (hardcover : alk. paper)
catalogue key
Includes bibliographical references and index.
A Look Inside
About the Author
Author Affiliation
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
Full Text Reviews
Appeared in Choice on 2006-03-01:
This is a useful reference source for federalism, public administration, and public policy scholars who seek to gain a greater understanding of the relationship between the US Congress and state and local governments. Zimmerman (State Univ. of New York, Albany) explores the political relationships that form between the federal, state, and local governments in the US as a result of congressional action that preempts local attempts at regulation. This book provides a detailed discussion of complete, partial, and contingent preemption statutes, and it demonstrates that Congress has been increasingly exercising its preemption powers since 1965. The author also analyzes whether dual or cooperative federalism provides the best theory for explaining the nature of federalism that has evolved over time. Finally, this study discusses the Blackmun Thesis, which theorizes that states should bring their grievances regarding specific preemption statutes directly to Congress, rather than seeking out the federal courts in order to defend their regulatory powers. 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. ^BSumming Up: Recommended. Upper-division undergraduate through practitioner collections. A. L. Warber Clemson University
Review Quotes
"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."
This item was reviewed in:
Choice, March 2006
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Main Description
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. Book jacket.
Table of Contents
Prefacep. ix
Acknowledgmentsp. xiii
Congressional Preemptionp. 1
Establishment of a Federationp. 25
Spending Power Preemptionp. 41
Complete Field Preemptionp. 69
Imperium in Imperio and Limited Preemptionp. 95
Judicially Determined Preemptionp. 129
Metamorphic Federalismp. 155
Notesp. 193
Bibliographyp. 237
Indexp. 279
Table of Contents provided by Ingram. All Rights Reserved.

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