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Publius: The Journal of Federalism Advance Access published online on April 25, 2007
Publius: The Journal of Federalism, doi:10.1093/publius/pjm008
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© The Author 2007. Published by Oxford University Press on behalf of CSF Associates: Publius, Inc. All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org.

Congressional Preemption During the George W. Bush Administration*

Joseph F. Zimmerman{dagger}
{dagger}University of Albany, State University of New York

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.

Correspondence: zimmer{at}albany.edu

*Submitted for the Bush Administration and Federalism Special Issue of Publius: The Journal of Federalism


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