State Legislation Restricting and Enabling Local Governments in an Era of Preemption

Abstract

This paper assesses state efforts to both restrict and enable local government discretion by using data from Project Vote Smart's “Key Votes” database. The results show that state legislation, both successful and unsuccessful, is more likely to limit local autonomy than to enhance it, although both tendencies occur. Republican legislators are more likely to support efforts to restrict discretion than Democrats are. Further, preemption attempts are particularly evident on “hot button” issues, such as guns, sexuality and gender roles, and immigration, although such initiatives are not necessarily more likely to successfully become law, especially under conditions of divided government.