Preemption Doctrine in the Roberts Court: Constitutional Dual Federalism by Another Name?
Files
Description
This chapter in Business and the Roberts Court examines the Court’s preemption decisions. These decisions do not consistently favor business interests and seem to follow a traditional script of dual federalism. When the Court enforces federal statutes having the purpose of breaking down regulatory barriers to freedom of contract, it plays a historically familiar and judicially congenial role of protecting a national market from state burdens on commerce. By contrast, preemption of state laws defining entitlements to health, safety, bodily integrity, and property more generally tend to raise culturally and politically divisive issues that are best handled subnationally in a federal regime. This categorization, more than any reductionist label, best explains the Roberts Court’s preemption decisions to date.
Source Publication
Business and the Roberts Court
Source Editors/Authors
Jonathan H. Adler
Publication Date
2016
Recommended Citation
Hills, Roderick M. Jr., "Preemption Doctrine in the Roberts Court: Constitutional Dual Federalism by Another Name?" (2016). Faculty Chapters. 782.
https://gretchen.law.nyu.edu/fac-chapt/782
