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Federal Preemption Must Be Explicit
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From the Dispatch
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Supreme Court 2009-2010: Pro-Corporate, But Continued Trend Towards Deferral to State Authority
Jun 29, 2010
Yesterday, the Supreme Court ended its term with a bang with a ruling in McDonald v. City of Chicago that state gun control regulations can be struck down by federal courts based on the Second Amendment. While the number and scale of blockbuster decisions was not so high this session, the singular impact of the Citizens United case earlier in the term unleashing unregulated corporate money on elections, combined with the dangerous implications of the Rent-A-Center, West v. Jackson arbitration decision, emphasizes the pro-corporate bias the Supreme Court has increasingly exercised in recent years. -
Debating Federalism: Conservative False History and Hypocrisy vs. Progressive Collaborative Federalism
Jun 15, 2010
The challenge for progressives from this “states rights” movement is not that any of these laws are likely to survive in court, but that conservatives too often get away with claiming to stand for constitutional values without significant challenge from progressives. The reality is that the right wing has no credibility in promoting their states’ rights arguments and should be challenged more directly. As this Dispatch will outline, their arguments fail on multiple grounds.
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What States Gain and Lose Under Proposed US Senate Climate Change Bill
May 17, 2010
After years of states leading the fight to promote clean energy and reverse climate change and the House passing an energy bill last year, U.S. Senate leaders have finally introduced climate change legislation, the American Power Act (APA). The bill is lengthy and complex with compromises that many leading environmental groups object to, although other groups have more positive evaluations of the bill as a flawed, but important step forward. -
Financial Reform: Keep State AGs and State Law on the Beat Against Predatory Lending Practices
May 10, 2010
As Congress debates federal financial reform legislation, a key priority for financial industry lobbyists remains gutting provisions that would strengthen enforcement by state attorneys general and stopping the partial restoration of state powers to regulate national bank abuses against consumers. As we detailed three years ago, much of the damage to communities from subprime lending might have been avoided if the Bush Administration had not been able to shut down most state anti-predatory lending laws early in the decade.
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