Legal Research

Congressional Votes Overriding State Laws

By fayejones

In the last five years, Congress has voted more than 50 times to override state laws.  "Most of the preemptive federal legislation passed by the House and the Senate over the last five years falls into four general categories: (1) usurping state choices on social policies, (2) preventing states from protecting health, safety, and the environment, (3) overriding state consumer protection laws, and (4) seizing power from state courts."  State legislation has been preempted in areas traditionally reserved as state perogatives, including local land use and drivers' license issuance, as well as in regulating UCE (spam), sources of air pollution, setting health insurance standards, and protecting consumers from contaminated food.  For more information, see the website of the U.S. House Committee on Government Reform Minority Office with links to the June 2006 report on Congressional Preemption of State Laws and Regulations and the Database of Congressional Preemption of State Laws and Regulations.

Posted by Faye Jones

Full post as published by FSU College of Law Library Blog on June 14, 2006 (boomark / email).