State Preemption: Threat to Democracy, Essential Regulation, and Public Health

Pomeranz, Jennifer L.; Zellers, Leslie; Bare, Michael; Sullivan, Patricia A.; Pertschuk, Mark

doi:10.2105/ajph.2018.304861

Cited by 12 publications

(14 citation statements)

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“…Previous research described concerns that preemption undermines local democracy and results in deregulation. 3,4 Rutkow et al provide compelling evidence on these points. Local policymakers reported that preemption impeded policymaking across 23 topic areas-22 of them intended to improve public health and the social determinants of health, including addressing social injustices.…”

Section: Survey Resultsmentioning

confidence: 99%

Local Policymakers’ New Role: Preventing Preemption

Pomeranz

2019

Am J Public Health

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Section: Survey Resultsmentioning

confidence: 99%

Local Policymakers’ New Role: Preventing Preemption

Pomeranz

2019

Am J Public Health

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“…18 argued that states should enact minimum public health standards (floor preemption) to provide statewide protection and allow localities to engage in additional policymaking to meet the needs of their communies. 6,19 Only 1 state, Illinois, regularly had minimum standards or a savings clause in the context of firearms. One possible explanation may be that Chicago has a high rate of firearm violence because of firearms trafficking into the city from surrounding states with strong gunrights and weak gun-control laws.…”

Section: Methodsmentioning

confidence: 99%

“…5 However, the question of whether states are preempting local control over firearm safety while simultaneously enacting state-level protections has not been empirically studied. States that do not enact protective measures but simultaneously preempt the ability of localities to do so create a regulatory void on topics that the federal government does not regulate 6 ; such preemption also eliminates communities' ability to protect their members and hinders grassroots movements that may form around the policy topic. 7 This is particularly concerning for localities that have high rates of firearm violence but an inability to enact laws to address it because they are preempted.…”

mentioning

confidence: 99%

State Gun-Control, Gun-Rights, and Preemptive Firearm-Related Laws Across 50 US States for 2009–2018

2021

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Objectives. To assess state policy environments and the relationship between state gun-control, gun-rights, and preemptive ﬁrearm-related laws in the United States. Methods. In 2019 through 2020, we evaluated substantive ﬁrearm laws and preemptive ﬁrearm laws across 50 US states for 2009 through 2018. For each state, we compared substantive measures with preemptive measures on the same policy topic for 2018. Results. The presence of state ﬁrearm-related laws varied across states, but with the exception of “punitive preemption” the number of gun-control, gun-rights, and preemptive measures remained unchanged in most states from 2009 through 2018. As of 2018, a majority of states had preemptive measures on almost all gun-control policy topics without enacting substantive gun-control measures. Several states had a combination of gun-control and preemptive measures. Only a small number of states had gun-control measures with few to no preemptive measures. Conclusions. Even where state legislators were unable to pass statewide gun-rights measures, they succeeded in passing preemption, preserving state authority over a wide range of gun-control and gun-rights policy topics. The majority of states used preemption as a tool to support policy frameworks favoring gun rights. (Am J Public Health. Published online ahead of print June 10, 2021: e1–e8. https://doi.org/10.2105/AJPH.2021.306287 )

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“…Second, allocation of authority among different governments creates the opportunity for political ‘forum shifting’ by any entity or individual seeking a particular policy outcome ( Braithwaite and Drahos, 2000 ). If, for example, local advocates succeed in getting an urban government to enact a healthy law, such as a limit on smoking or an increase in the minimum wage, opponents may seek provincial or national legislation that supersedes the local law or takes away lawmaking authority on tobacco or minimum wage from the local government ( Pomeranz et al , 2019 ).…”

Section: The Place Of Law In Urban Health Promotionmentioning

confidence: 99%

Law and urban governance for health in times of rapid change

Burris

Lin

2021

Health Promotion International

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Summary Governance is an important factor in urban health, and law is an important element of healthy governance. Law can be an intervention local government wields to influence behavior and shape environments. Law can also be an important target of health promotion efforts: Law and the enforcement and implementation behaviors it fosters can promote unhealthy behaviors and environmental conditions, and can act as a barrier to healthy interventions or practices. Finally, law is a design and construction tool for the organization of governance. Law is the means through which cities are formally established. Their powers and duties, organizational structure, boundaries and decision-making procedures are all set by law. Regardless of the form of government, cities have legal levers they can manipulate for health promotion. Cities can use tax authority to influence the price of unhealthy products, or to encourage consumption of healthy foods. Cities can use their legal powers to address incidental legal effects of policies that they themselves cannot control. Cities may also have the authority to use law to address deeper determinants of health. The overall level of income or wealth inequality in a country reflects factors well-beyond a local government’s control, but city government nonetheless has levers to directly and indirectly reduce economic and social inequality and their effects. A renewed focus on law and urban governance is the key to assuring health and well-being and closing the health equity gap.

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State Preemption: Threat to Democracy, Essential Regulation, and Public Health

Cited by 12 publications

References 1 publication

Local Policymakers’ New Role: Preventing Preemption

Local Policymakers’ New Role: Preventing Preemption

State Gun-Control, Gun-Rights, and Preemptive Firearm-Related Laws Across 50 US States for 2009–2018

Law and urban governance for health in times of rapid change

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