Is State Preemption Weakening the Authoritarian Resilience of Local Government in the United States?
Journal Title: Studia Iuridica - Year 2019, Vol 79, Issue
Abstract
In many countries in the world today democratic institutions and ideals seem threatened. Due process, equal protection, freedom of speech, freedom of the press, the right to vote, and other democratic ideals are deeply ingrained in US culture and government. Traditionally, the federal government is thought to be the guardian of these rights, ensuring that state governments adhere to the rule of law established by our written constitution. Similarly, state governments are thought to uphold these democratic ideals vis a vis local governments. The American system of checks and balances and separation of powers and the resulting interplay between the branches of government are considered safeguards that protect the rule of law. This horizontal separation of powers often overshadows the similar function served by the vertical separation of governmental power created by our division of power into federal, state and local. If the federal and state governments act contrary to the rule of law established by our federal and state constitutions, local governments offer at least some degree of authoritarian resilience. The goal of this article is to set forth the manner in which local governments may resist anti-democratic action from federal and state governments and then to discuss the danger posed in the United States by the recent increase in State preemptions of local government power – particularly in regard to sanctuary cities, climate change, gun regulation, affordable housing, and LGBT rights. Ultimately, governments at different levels are intended to monitor each other and when local governments are preempted from exercising their powers in regard to socially important issues their authoritarian resilience is seriously impaired.<br/><br/>
Authors and Affiliations
Julian C. Juergensmeyer, Andrew F. Prater
Keywords
Related Articles
- EP ID EP559837
- DOI 10.5604/01.3001.0013.1892
- Views 105
- Downloads 0
Upływ terminu, na który zostało ustanowione użytkowanie wieczyste, a kwestia istnienia odrębnej własności lokalu
The main legal problem which is addressed in this article focuses on impact of expiry of the time limit of the perpetual usufruct of a property on the right of separate ownership of the premises in a building on the land...
Odpowiedzialność za przekroczenie dozwolonej prędkości w terenie zabudowanym o więcej niż 50 km/h
The paper considers legal liability for exceeding the permissible speed limit whilst driving (speeding) in a built-up area by more than 50 km/h. In the centre of the writer’s attention is a conflict between two regimes o...
Conditions for the Admissibility of Scienti C Research in Biomedicine Biobanking: A Challenge in Times of Big Data
The subject of the article is the analysis of the rights of donors donating their biological samples to biobanks in the 21st century. Issues regarding donor rights have been analyzed since the 1980s, however, changing ti...
Charakter prawny oraz natura uprawnienia do rekompensaty oraz wcześniejszych form rozliczeń za mienie zabużańskie
This article treats about legal nature of compensation right to which people evacuated from former territory of Poland after 2nd World War are entitled. By citing regulations defining forms of fulfilling repatriates clai...
Środowisko i konkurencja – Wspólna Polityka Rolna po 2020 r.
The article presents selected planned legal instruments for the implementation of the Common Agricultural Policy after 2020. Special legal analysis has been made of mechanisms to increase the competitiveness of agricultu...