state preemption

State Government Preemption of Local Government Decisions Through the State Courts

Jeffrey Swanson and Charles Barrilleaux | Why do state governments preempt local government policies? Devolution is often embraced as a normatively desirable policy goal, as it expands local autonomy and allows for policies to be tailor-made to the needs of a sub-unit’s constituents. Although decentralization has been at the forefront of the states’ rights movement, there has been limited state-level support for decentralization to the local-level. States have granted local governments some autonomy through home rule and enabling legislation but doing so involves a trade-off between the efficiency of internal policy production and potential delegation costs. Disputes between local and state governments are likely to occur when local residents have ideological preferences that differ from those of state officials. This is because local governments are more likely to implement policies that contradict state interests, but the ability for local governments to engage in policy making depends on the level of local autonomy given by the state government. The preemption process is a way for state governments to limit local autonomy, either through statute or in state courts through legal challenges of local ordinances. Read More

September 5, 2018 // 0 Comments