This is the summary of the findings from research based on 17 In-depth (live telephone) interviews conducted in total, including with members of Republican state legislatures.
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All preemption laws are in tension with local democracy, but punitive preemption is especially threatening. Many state preemption laws are vague around the edges; some may violate the state’s constitution or legal doctrines.
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This Article describes this politics by way of assessing the nature of—and reasons for—the hostility to city lawmaking. It also provides a current accounting of state preemptive legislation and assesses the cities’ potential legal and political defenses.
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This Essay examines the spread of the new preemption and explores the legal doctrines available to local governments for challenging it.
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This fact sheet details two straightforward approaches that can be pursued through ballot initiatives or statewide legislation to do so.
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One of the most troubling recent trends is the rise of “blanket” preemption in the states, described by the New York Times as efforts to “…[wall] off whole new realms where local governments aren’t allowed to govern at all.”
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A troubling trend has emerged where state legislators move to punish local legislators for supporting or voting for policies that state legislators oppose.
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The audience of this survey was likely 2018 voters living in the following states: Arizona, Florida, Georgia, Louisiana, Michigan, Minnesota, North Carolina, and Tennessee, selected based on frequent state legislative preemption.
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To help explain preemption and its consequences, and communicate the value of local decision-making and democracy, LSSC has developed this communications guide based on national public opinion research.
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This Issue Brief surveys the landscape of state preemption and offers “possibilities for strengthening home rule to advance progressive local policymaking.”
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Federal preemption is the concept that ‘federal law preempts contrary state law.’
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This memorandum provides an overview of some substantive and procedural constraints on the latitude of state legislatures to limit local authority and autonomy.
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