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Date: March 28, 2024 Thu

Time: 5:19 pm

Results for federalizm

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Author: Schragger, Richard

Title: The Attack on American Cities

Summary: American cities are under attack. The last few years have witnessed an explosion of preemptive legislation challenging and overriding municipal ordinances across a wide-range of policy areas. City-state conflicts over the municipal minimum wage, LGBT anti-discrimination, and sanctuary city laws have garnered the most attention, but these conflicts are representative of a larger trend toward state aggrandizement. These legal challenges to municipal regulation have been accompanied by an increasingly shrill anti-city politics, emanating from both state and federal officials. This Article describes this politics by way of assessing the nature of - and reasons for - the hostility to city lawmaking. It argues that anti-urbanism is a long-standing and enduring feature of American federalism and seeks to understand how a constitutional system overtly dedicated to the principles of devolution can be so hostile to the exercise of municipal power. The Article also provides a current accounting of state preemptive legislation and assesses the cities' potential legal and political defenses. It concludes that without a significant rethinking of state-based federalism the American city is likely to remain vulnerable.

Details: Charlottesville: University of Virginia School of Law, 2017. 69p.

Source: Internet Resource: Virginia Public Law and Legal Theory Research Paper No. 2017-46: Accessed September 12, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3026142

Year: 2017

Country: United States

URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3026142

Shelf Number: 151506

Keywords:
Federalizm
Home Rule
Sanctuary Cities
Urban Areas