Both Democrats and Republicans care about ‘states’ rights’ when it suits them – Washington Post
By Mallory E. SoRelle and Alexis N. Walker By Mallory E. SoRelle and Alexis N. Walker June 23
After President Trump declared his intention to leave the Paris climate agreement, three Democratic state governors announced that their states would continue to pursue efforts to reduce greenhouse gas emissions. Meanwhile, Republicans in Congress vowed to enact federal laws to preempt state and local immigration policies at odds with the GOP agenda. This contradicts conventional wisdom, which holds that Republicans promote states rights while Democrats want more policymaking power concentrated at the federal level.
[This explains why there are so few Republican women in Congress]
Is this apartisan reversal on states rights? Our research suggests not. Rather, both parties have historically promoted or preempted states rights depending on their partys political goals for a given issue.
Both Democrats and Republicans care about states rights
The United States has a federal system, which means that state and federal governments divide and share power to make and enforce laws. As the chartbelow shows, the federal government has a long history of enacting laws that preempt, or limit, states and localities policymaking powers.
But federal preemption jumped sharply in the 1970s and again over the past decade. About 6 percent of federal laws enacted between 2000 and 2009 preempt state and local powers, compared with about 3.5 percent during the previous decade.
Federal preemptions by decade
How we did our research
To learn more about how the parties at the national level approach states rights, we surveyed every federal law enacted between 1990 and 2012 that preempted state power in some way. As the figure below shows, we found that both parties have contributed relatively equally to the dramatic increase in federal preemption.
Preemption statutes enacted, by party control of House and presidency, 1990-2012
Over about the past 20 years, Republicans in Congress and in the White House have been just as willing to limit state power as have Democrats. For example, Presidents Bill Clinton and George W. Bush each signed 64 preemption statutes into law during their respective eight years in office. Similarly, between 1990 and 2012, no matter which party controlled the House of Representatives, roughly the same average number of preemption policies became law each year.
Parties preempt states rights in different ways
However, exactly how they limit state authority varies, in keeping with the parties different political goals.
The parties enact different types of preemptions. Republicans are more likely to impose what are known as ceiling preemptions. These laws cap the amount of regulation states can enact on a particular issue. For example, a ceiling preemption might prohibit states from setting new or more stringent emissions standards for a particular industry.
Democrats, by contrast, are much more likely to limit state power by setting floor preemptions, or minimum standards that states must meet but can exceed if they want to. For example, such a law might set a federal emission standard for a particular industry but allow states to enact tougher emissions standards.
[Yes, Mitch McConnells secretive lawmaking really is unusual in these 4 ways]
As shown in the chartsbelow, we find that when Democrats controlled the House between 1990 and 2012, 57 percent of preemption laws enacted were floors. By contrast, when Republicans controlled the House, 33 percent of laws enacted with preemption statutes were floors; the remaining 67 percent were ceilings limiting state regulatory power.
Floor vs. ceiling preemptions as enacted by party control of House, 1990-2012
You can see this illustrated in the partisan gap between floor and ceiling preemptions in public health and consumer safety. When Democrats controlled the House, 75 percent of preemptions were floors, compared with36 percent of those passed under Republican majorities. That means that Democrats in Congress used preemptions to create a base level of health and safety regulation across the states while Republicans did so to limit state authority to regulate in this area.
For example, the Card Act of 2009, enactedunder Democratic control, created new credit card rules to protect consumers but left states able to add still more regulations. By contrast, a Republican-led 2001 amendment to the Consumer Product Safety Act introduced federal regulations for electric bicycles that explicitly overrode more stringent state laws.
States rights in the Trump era
States responses to Trump and the current Republican agenda are entirely consistent with these patterns, as the parties stands on states rights vary with the issue at hand.
For instance, the Trump administration is trying to remove tough environmental regulations and state and national Democratic leaders are resisting by turning to state power. Just a few years ago, when Democrats controlled the House, Democratic Party leaders in Congress passed federal bills that forced states to set minimum environmental protection standards, for example, by regulating the use of lead pipes that carry drinking water.
But in the ongoing debate over the federal Medicaid program that funds health care forlow-income and disabled people, the tables are turned. Many Republicans want to shift toward block grants, which would let each state decide how to run and fund its Medicaid program. Predictably, Democrats are opposed; they want enough federal control to ensure that current benefits are protected.
The sides flip once more on immigration. Congressional Republicans want to preempt state power to prevent Democratic cities from becoming sanctuary cities. Meanwhile, congressional Democrats are fighting to protect state and local rights to resist Trump administration policies against sanctuary cities.
[Bartels: The wave of right-wing populist sentiment is a myth]
In sum, neither party holds a principled position on whether to preempt or protect states rights. Instead, both parties use federal power to limit state authority or to promote it depending on their partys policy goals. Expect to see such strategic partisan use of federalism continue as the parties go to battle over Trumps and the GOPs agenda.
Mallory E. SoRelle is an assistant professor of government and law at Lafayette College, specializing in the study of American politics and public policy. Follow her on Twitter @SoRelleM.
Alexis N. Walker is an assistant professor of political science at Saint Martins University, with a focus on American politics and organized labor.
Continue reading here:
Both Democrats and Republicans care about 'states' rights' when it suits them - Washington Post
- Republicans used to be the fiscally conservative party, but look at us now - Idaho Capital Sun - July 6th, 2025 [July 6th, 2025]
- Trump Goes on a Charm Offensive as He Woos Holdout Republicans - The New York Times - July 6th, 2025 [July 6th, 2025]
- U.S. Rep. Castor Statement on Republicans Big Ugly Bill That Will Inflict Outsized Harm & Raise Costs on Floridians - U.S. Representative Kathy... - July 6th, 2025 [July 6th, 2025]
- Opinion | Republicans may be cooking up a mess in Texas - The Washington Post - July 6th, 2025 [July 6th, 2025]
- Republicans, Democrats start gaming out Trump's tax-cut bill hit to 2026 elections - Reuters - July 6th, 2025 [July 6th, 2025]
- Republicans Pass the One Big Beautiful Bill Act Ahead of the July 4 Deadline - Akin Gump Strauss Hauer & Feld LLP - July 6th, 2025 [July 6th, 2025]
- These Republicans Savaged Their Partys Bill, Then Voted for It - The New York Times - July 4th, 2025 [July 4th, 2025]
- How Republicans Re-engineered the Tax Code - The New York Times - July 4th, 2025 [July 4th, 2025]
- Republicans passed the 'big, beautiful bill.' Will it come back to haunt them? - USA Today - July 4th, 2025 [July 4th, 2025]
- Congressional Republicans defy expectations and send megabill to Trump - Colorado Public Radio - July 4th, 2025 [July 4th, 2025]
- Why Republicans once staunchly opposed to Trumps bill changed their minds - PBS - July 4th, 2025 [July 4th, 2025]
- Texas Republicans vote to send GOPs tax and spending megabill to Trumps desk after threatening to tank it - The Texas Tribune - July 4th, 2025 [July 4th, 2025]
- The 2 House Republicans who voted no on Trump's sweeping domestic policy bill - ABC News - Breaking News, Latest News and Videos - July 4th, 2025 [July 4th, 2025]
- House Republicans pass their megabill, sending it to President Trump - Politico - July 4th, 2025 [July 4th, 2025]
- Jeffries calls out Republicans over Medicaid ahead of final megabill vote - Politico - July 4th, 2025 [July 4th, 2025]
- Which House Republicans voted against Trump tax bill? - USA Today - July 4th, 2025 [July 4th, 2025]
- These House Republicans Voted Against Trump's 'Big, Beautiful Bill' - Newsweek - July 4th, 2025 [July 4th, 2025]
- These are the 5 Republicans who voted against Trumps Big Beautiful Bill - AL.com - July 4th, 2025 [July 4th, 2025]
- Where Trumps massive policy bill stands in the House as some Republicans express concerns - PBS - July 4th, 2025 [July 4th, 2025]
- House Republicans expected to pass Trump's massive tax and policy bill by July 4 - NPR - July 4th, 2025 [July 4th, 2025]
- Republicans Vulnerable to Losing Their Seats After Voting Yes on Trump Bill - Newsweek - July 4th, 2025 [July 4th, 2025]
- Who were the 2 Republicans that voted against Trump's tax bill? - NBC 5 Chicago - July 4th, 2025 [July 4th, 2025]
- House Republicans advance Trump's tax-cut bill to a final vote - Reuters - July 4th, 2025 [July 4th, 2025]
- Congress passes Trump's tax and spending bill, with all four Colorado Republicans in the House voting "yes" - The Colorado Sun - July 4th, 2025 [July 4th, 2025]
- Republicans Just Passed the Worst Bill in Modern American History - Mother Jones - July 4th, 2025 [July 4th, 2025]
- Senate works a tense overnight session as Republicans seek support for Trumps big bill - PBS - July 4th, 2025 [July 4th, 2025]
- Article | Senate Republicans shock the House with a supercharged megabill - POLITICO Pro - July 4th, 2025 [July 4th, 2025]
- Senate Republicans struggle to push Trump's budget bill over the finish line - BBC - July 2nd, 2025 [July 2nd, 2025]
- Which Republicans Voted Against Trumps Bill in the Senate - The New York Times - July 2nd, 2025 [July 2nd, 2025]
- The Republicans who bucked Trump on his big bill: From the Politics Desk - NBC News - July 2nd, 2025 [July 2nd, 2025]
- Why Republicans are rushing to pass Trump's "big, beautiful bill" - MSNBC News - July 2nd, 2025 [July 2nd, 2025]
- House Republicans don't have the votes yet to pass Trump's megabill - CNBC - July 2nd, 2025 [July 2nd, 2025]
- Which Senate Republicans voted against Trump's tax and spending bill? - USA Today - July 2nd, 2025 [July 2nd, 2025]
- Fact-Checking Trump and Republicans on Proposed Tax Cuts in Policy Bill - The New York Times - July 2nd, 2025 [July 2nd, 2025]
- Senate Republicans just voted to dismantle Americas only climate plan - Grist.org - July 2nd, 2025 [July 2nd, 2025]
- Senate Republicans pass Trumps big bill but it may cost them in the future - The Guardian - July 2nd, 2025 [July 2nd, 2025]
- House Republicans race toward a final vote on Trumps tax bill, daring critics to oppose - AP News - July 2nd, 2025 [July 2nd, 2025]
- The Republicans in Congress Who Are Opting to Self-Deport From Washington - The New York Times - July 2nd, 2025 [July 2nd, 2025]
- Ahead of 2026, Georgia Republicans Are Quietly Installing Election Conspiracy Theorists on Local Boards - Democracy Docket - July 2nd, 2025 [July 2nd, 2025]
- Whats in the latest version of Trumps big bill Senate Republicans are trying to pass - PBS - July 2nd, 2025 [July 2nd, 2025]
- The Top 5 Ways the Congressional Republicans Budget Reconciliation Bill Will Harm Disabled Students - Center for American Progress - July 2nd, 2025 [July 2nd, 2025]
- Republicans introduce last-minute industry killer tax on solar and wind in spending bill - CNN - July 2nd, 2025 [July 2nd, 2025]
- Young Republicans are fueling the GOPs generational divide on Israel - The Washington Post - July 2nd, 2025 [July 2nd, 2025]
- Senate Republicans tax cuts cost projected to rise to $4.45T - Politico - July 2nd, 2025 [July 2nd, 2025]
- Whats in Trump and Senate Republicans tax and immigration bill? - The Washington Post - June 29th, 2025 [June 29th, 2025]
- Senate Republicans move to slash consumer bureau funding by half, risking hundreds of job cuts - AP News - June 29th, 2025 [June 29th, 2025]
- Senate Republicans advance Trump's tax and spending cuts bill after dramatic late-night vote - AP News - June 29th, 2025 [June 29th, 2025]
- Senate Republicans scramble to pass Trump's big bill before July 4 deadline - Scripps News - June 29th, 2025 [June 29th, 2025]
- Trump attacks Republicans who voted against big beautiful Bill - Yahoo - June 29th, 2025 [June 29th, 2025]
- Governor Hochul Slams Washington Republicans for Threatening New Yorkers Jobs, Small Businesses and Health Care in the North Country - Governor Kathy... - June 29th, 2025 [June 29th, 2025]
- Trump reacts to Tillis not seeking re-election, sends warning to 'cost cutting Republicans' - Fox News - June 29th, 2025 [June 29th, 2025]
- Article | Senate Republicans make steep cuts to wind and solar in updated megabill text - POLITICO Pro - June 29th, 2025 [June 29th, 2025]
- Senate Republicans scrambling to pass tax-and-spend bill by Trump deadline - The Guardian - June 29th, 2025 [June 29th, 2025]
- Republicans rush to pass Big, Beautiful Bill ahead of July 4th holiday - CGTN America - June 29th, 2025 [June 29th, 2025]
- Senate Republicans Can Still Abandon Disastrous, Rushed Reconciliation Bill - Center on Budget and Policy Priorities - June 29th, 2025 [June 29th, 2025]
- Gov. Kotek blames transportation package failure on Republicans who just wanted to go home - Oregon Capital Chronicle - June 29th, 2025 [June 29th, 2025]
- Republicans dangle reprieve from tax retaliation as Trump bill heads toward votes - Reuters - June 29th, 2025 [June 29th, 2025]
- News Wrap: Senate Republicans unveil their version of Trumps big budget bill - PBS - June 29th, 2025 [June 29th, 2025]
- Republicans are champing at the bit to use Mamdani to attack Dems - City & State New York - June 29th, 2025 [June 29th, 2025]
- US Senate Republicans aim to push ahead on Trump's sweeping tax-cut, spending bill - Reuters - June 28th, 2025 [June 28th, 2025]
- The Red State Where Republicans Arent Afraid of Trump - The Atlantic - June 28th, 2025 [June 28th, 2025]
- Senate Republicans near deal on Trumps tax bill, lawmakers say - The Washington Post - June 28th, 2025 [June 28th, 2025]
- Republicans hit major setback in their effort to ease regulations on gun silencers - ABC News - Breaking News, Latest News and Videos - June 28th, 2025 [June 28th, 2025]
- Ordinary Republicans Hate Trumps Big, Beautiful Bill Once They Know What It Does - Mother Jones - June 28th, 2025 [June 28th, 2025]
- Senate Republicans Reprise Push to Pay for Tax Cuts by Slashing Food Stamps - The New York Times - June 28th, 2025 [June 28th, 2025]
- Remembering Melissa Hortman: Republicans and Democrats say her power came from her selflessness - Minnesota Reformer - June 28th, 2025 [June 28th, 2025]
- Senate Republicans scramble to resolve tense divisions as Trump threatens their vacation over his big bill - NBC News - June 28th, 2025 [June 28th, 2025]
- With Trump Bill, Republicans Try to Change the Way Budgets Work - The New York Times - June 28th, 2025 [June 28th, 2025]
- Senate Republicans are down to the wire on Trumps tax bill - The Washington Post - June 28th, 2025 [June 28th, 2025]
- Senate Republicans explore tweaks to pension plan after parliamentarian ruling - Politico - June 28th, 2025 [June 28th, 2025]
- Democrats Protect Americans from Terrorism and Violent Extremism, Republicans Leave Americans Less Safe and Increase Costs for State and Local... - June 28th, 2025 [June 28th, 2025]
- From health care for undocumented immigrants to AI regulations, Republicans want to use federal funding threats to change blue state policies -... - June 28th, 2025 [June 28th, 2025]
- Republicans Say Tax Cuts Will Spur Growth. It Hasnt Worked in the Past. - The New York Times - June 28th, 2025 [June 28th, 2025]
- Trump hosts event to rally Republicans behind his megabill - ABC News - Breaking News, Latest News and Videos - June 28th, 2025 [June 28th, 2025]
- Republicans are racing to make Zohran Mamdani the face of the Democratic Party - Politico - June 28th, 2025 [June 28th, 2025]
- Senate Republicans Say Theyre Totally Happy With Limits on Nationwide Injunctions - NOTUS - June 28th, 2025 [June 28th, 2025]
- Senate Republicans eye weekend votes on Trump's massive bill - NBC Boston - June 28th, 2025 [June 28th, 2025]
- Republicans incite fascist threats, demand investigation and deportation of Zohran Mamdani after NYC primary win - World Socialist Web Site - June 28th, 2025 [June 28th, 2025]
- 5 House Republicans say they will vote against GOP megabill over public land sales - The Hill - June 28th, 2025 [June 28th, 2025]
- Opinion: Why Republicans are defending this lucrative Medicaid scam - MarketWatch - June 28th, 2025 [June 28th, 2025]