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September 16, 2007

On Wednesday, September 12, the Senate Judiciary Committee held a hearing on “Regulatory Preemption: Are Federal Agencies Usurping Congressional and State Authority?”  The witness list included the Honorable Donna Stone, Delaware General Assembly and President of the National Conference of State Legislatures.  Her testimony is excerpted in part below, with references to NCSL's summary of proposed preemption legislation.
"NCSL is troubled by the growing trend in both Congress and federal agencies to pass or promulgate legislation and rules that have a substantial detrimental impact on states because of their intrusively preemptive nature. NCSL has tracked these preemptions in our Preemption Monitor, a publication that we initiated to alert state legislators nationwide to the alarming number of federal legislative and regulatory preemptions. As a result of federal preemption, a large part of the policy jurisdiction of state legislatures and of city and county officials has been lost. States and localities cannot legislate in response to their citizens’ needs when the federal government has preempted the policy field. What is lost is the capacity for regional and local self-government. . . .

Over the last two and one-half years, NCSL has tracked over one hundred and fifty proposed legislative preemptions of state law. The legislation has spanned the range of issue areas from homeland security, to health, to election reform, and are all reported in NCSL’s Preemption Monitor which can be found on our website at www.ncsl.org."

MKS

September 16, 2007 | Permalink

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