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From our Nation's founding, the American constitutional order has been a Federal system, ensuring a strong role for both the national Government and the States. The Federal Government's role in promoting the general welfare and guarding individual liberties is critical, but State law and national law often operate concurrently to provide independent safeguards for the public. Throughout our history, State and local governments have frequently protected health, safety, and the environment more aggressively than has the national Government.
An understanding of the important role of State governments in our Federal system is reflected in longstanding practices by executive departments and agencies, which have shown respect for the traditional prerogatives of the States. In recent years, however, notwithstanding Executive Order 13132 of August 4, 1999 (Federalism), executive departments and agencies have sometimes announced that their regulations preempt State law, including State common law, without explicit preemption by the Congress or an otherwise sufficient basis under applicable legal principles.
The purpose of this memorandum is to state the general policy of my Administration that preemption of State law by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of the States and with a sufficient legal basis for preemption. Executive departments and agencies should be mindful that in our Federal system, the citizens of the several States have distinctive circumstances and values, and that in many instances it is appropriate for them to apply to themselves rules and principles that reflect these circumstances and values. As Justice Brandeis explained more than 70 years ago, "t is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country."
WHAT BENEFITS STATES HAVE GAINED IN EXECUTIVE ORDER 13132
* All agencies, except independent agencies, must have a process in place through which they consult with state and local government elected officials and their representative national organizations on the development of regulations and legislative proposals that have federalism implications. This consultation must allow for both meaningful and timely input. Independent agencies may be encouraged to develop similar processes.
* Each agency must have a gatekeeper who is responsible for implementing this order and for sharing with the Office of Management and Budget (OMB) its plan for consulting with state and local government elected officials and their representative national organizations. The designation of the gatekeeper and formulation of the consultation plan must occur by November 2, 1999.
* The preamble of every rule about to be issued must contain a federalism impact statement. This statement must describe the consultation process, summarize our concerns, state the agency's need to issue the rule and state to what extent our concerns have been addressed and met. Every draft final regulation submitted to OMB must have a certification that the rule was developed in compliance with E.O. 13132. The same certification is mandatory for legislative proposals.
The purpose of this memorandum is to state the general policy of my Administration that preemption of State law by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of the States and with a sufficient legal basis for preemption.
Originally posted by ExPostFacto
reply to post by Amaterasu
Really the Federal Government does have a right to overrule the States when it is within the scope of the constitution to do so. The problem is the Federal Government has trampled the States up to this point. While I will agree I doubt this will make a hardcore Libertarian happy...it's at least a step in the right direction. You have to give credit where credit is due. I would like to see more bold action regarding this issue but it is a step.
Originally posted by thisguyrighthere
Terms like "gatekeeping agencies" and referring to states as "laboratories" makes me think that rather than states ignoring the feds unconstitutional laws or not paying into their war fund with extorted funds this is more about the fed using states to practice their little games of internment and grid control. But only with "gatekeeper" approval of course.
If he cared about states rights he'd pull back all of this nonsensical federal control.