Federal Preemption: States' Powers, National Interests

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The last few decades have brought a renewed appreciation for the role of states, particularly as laboratories for social legislation. At the same time, the rise of the modern litigation industry has caused many to renew calls for national preemption on economic policies and thus to provide the United States with a more uniform and predictable market. Both conservatives and liberals hoist the flag of federalism when it supports their policy preferences. Federal Preemption elevates the debate to a higher level of enduring principles that can guide our government in the 21st century.