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Explaining State Preemption of Local Laws: Political, Institutional, and Demographic Factors

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  • Patrick Flavin
  • Gregory Shufeldt

Abstract

Despite increasing popular and media attention to the preemption of local policymaking by state governments, the empirical political science literature on preemption remains relatively scarce. After first identifying and discussing state preemption laws across twenty-one diverse public policies, we investigate how political, institutional, and demographic factors predict the implementation of these laws. Our empirical analysis reveals that states where Republicans control both legislative chambers and the governorship, with more politically conservative citizens, a higher percentage of African Americans, and a stronger conservative interest group presence passes more laws that preempt local policymaking. Our results demonstrate that state preemption efforts are more closely associated with political and demographic factors and less associated with institutional forces.

Suggested Citation

  • Patrick Flavin & Gregory Shufeldt, 2020. "Explaining State Preemption of Local Laws: Political, Institutional, and Demographic Factors," Publius: The Journal of Federalism, CSF Associates Inc., vol. 50(2), pages 280-309.
    • Handle: RePEc:oup:publus:v:50:y:2020:i:2:p:280-309.
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    File URL: http://hdl.handle.net/10.1093/publius/pjz024
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    Cited by:

    1. David M Konisky & Paul Nolette, 2022. "The State of American Federalism 2021–2022: Federal Courts, State Legislatures, and the Conservative Turn in the Law," Publius: The Journal of Federalism, CSF Associates Inc., vol. 52(3), pages 353-381.
    2. Christopher B Goodman & Megan E Hatch, 2023. "State preemption and affordable housing policy," Urban Studies, Urban Studies Journal Limited, vol. 60(6), pages 1048-1065, May.

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