Congressional Preemption During the George W. Bush Administration

President Bush approved 64 preemption acts during 2001–2005.Fifteen acts were responses to the September 11, 2001, terroristattacks, and five acts extended sunset provisions. The otheracts removed specified powers from states in the fields of banking,commerce, energy, environmental protection, finance, foreigncommerce, health, intellectual property, safety, taxation, telecommunications,and transportation. Only the two Internet taxation prohibitionacts have a major impact on state governments by depriving themof billions of dollars in tax revenues that could be used toexercise their reserved powers. The other acts are minor oneson the periphery of state exercised powers compared to lawsenacted in the period 1964–1999.