Home Rule Be Damned: Exploring Policy Conflicts between the Statehouse and City Hall

Hicks, William D.; Weissert, Carol S.; Swanson, Jeffrey W.; Bulman-Pozen, Jessica; Kogan, Vladimir; Riverstone-Newell, Lori; Bunch, Jaclyn; Einstein, Katherine Levine; Glick, David; Daley, Dorothy M.; Fisk, Jonathan M.; Taylor, Jami K.; Haider‐Markel, Donald P.; Lewis, Daniel C.

doi:10.1017/s1049096517001421

Cited by 13 publications

(18 citation statements)

References 32 publications

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“…Others have pointed to partisan polarization as a driver of the new preemption (e.g., Bulman-Pozen, 2018). Certainly, readers of these testimonies might wonder if the authors from the respective sides were declaiming on the same legislation.…”

Section: Discussionmentioning

confidence: 99%

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Making Food-Systems Policy for Local Interests and Common Good

Lind

Reeves

2021

Front. Commun.

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The unjust distribution of poor health outcomes produced via current United States food systems indicates the need for inclusive and innovative policymaking at the local level. Public health and environmental organizers are seeking to improve food environments from the ground up with locally driven policy initiatives but since 2010 have increasingly met resistance via state-government preemption of local policymaking power. This analysis seeks to understand how political actors on both sides of preemption debates use rhetorical argumentation. In doing so, we offer insights to the meaning-making process specific to food systems. We argue that advocates for local food-system innovations are forwarding understandings of food and community that contradict the policy goals they seek. We offer suggestions for local food and environmental advocates for adjusting their arguments.

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Section: Discussionmentioning

confidence: 99%

“…Ostensibly, preemption battles are conflicts between state and local governments (Hicks et al, 2018). In fact, business interests and other lobbying groups drive the new preemption behind the scenes.…”

Section: The New Preemption and Food-system Reformmentioning

confidence: 99%

Making Food-Systems Policy for Local Interests and Common Good

Lind

Reeves

2021

Front. Commun.

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“…Of particular interest in recent years is states’ use of preemption, including instances where states preempt local action without setting a statewide standard in the policy area ( NLC 2019 ). Examples of popular preemptions include single-use plastic bags and straws, gun control, fracking, minimum wage, paid leave, home-sharing, establishment of public broadband services, discrimination in public facilities, ride-sharing, rent control, and immigration enforcement ( Bulman-Pozen 2018 ; Flavin and Shufeldt 2020 ; Fowler and Witt 2019 ; Hicks and Weissert 2018 ; Kogan 2018 ; Riverstone-Newell 2017 ).…”

Section: Centralization and Preemptionmentioning

confidence: 99%

Governors in Control: Executive Orders, State-Local Preemption, and the COVID-19 Pandemic

Weissert

Uttermark

Mackie

et al. 2021

Publius: The Journal of Federalism

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The nation’s governors took strong and decisive action in responding to the 2020 COVID-19 pandemic, often directly affecting their local governments. These actions allow us to examine this question: Will governors’ actions in an unprecedented emergency situation centralize the authority of the state or rely on local governments to deal with localized problems? Additionally, what factors affect those decisions? We examine all governors’ executive orders affecting local governments in the first five months of the 2020 pandemic. We find that preemption did occur, especially in the early months of the pandemic. States that gave their localities more autonomy were associated with preemption throughout the pandemic; the governor’s party affiliation and her ideological match with local officials were associated with greater preemption in some phases of the pandemic but not others.

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“…However, it is also clear that there is conservative bias on LGBTQ rights in the states, with most states failing to adopt policies that have public support (Flores, Herman, and Mallory 2015; Lax and Phillips 2009, 2012). Indeed, some states have targeted LGBTQ citizens through same-sex marriage bans (Haider-Markel 2001), adding requirements that transgender people use restrooms associated with their birth sex (Taylor et al 2018), preventing transgender athletes from competing in high school sports based on their gender identification (Moreau 2020), and blocking localities from advancing LGBTQ rights policies (Hicks et al 2018). However, federal courts have struck down discriminatory aspects of state constitutions in Obergefell v. Hodges (2015) and Romer v. Evans (1996), or the remaining state statutes against sodomy in Lawrence v. Texas (2003).…”

Section: Leaving It To the Statesmentioning

confidence: 99%

LGBTQ Policy and Fragmented Federalism in the U.S.

Taylor

Lewis

Haider‐Markel

2020

State and Local Government Review

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Lesbian, gay, bisexual, transgender, and queer (LGBTQ) Americans face a fragmented policy landscape across the country. Some states and localities have taken the lead and adopted policies to protect LGBTQ citizens, while others have sought to undermine LGBTQ equality. As such, the rights of LGBTQ citizens are very much dependent on the politics of states they reside in. In this article, we argue subnational innovation on LGBTQ inclusive policy is a result of national policy gridlock. We also examine the state-level political factors driving the adoption of policy protections for LGBTQ citizens. We conclude that LGBTQ policies are driven by local political context and illustrate the dynamic nature of fragmented federalism in America.

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Home Rule Be Damned: Exploring Policy Conflicts between the Statehouse and City Hall

Cited by 13 publications

References 32 publications

Making Food-Systems Policy for Local Interests and Common Good

Making Food-Systems Policy for Local Interests and Common Good

Governors in Control: Executive Orders, State-Local Preemption, and the COVID-19 Pandemic

LGBTQ Policy and Fragmented Federalism in the U.S.

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