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SUNDAY, NOVEMBER 22, 2009
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8

Obama Overrules the Overruling of State Laws

Bush policy protected business interests in the states

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(Newser) – President Obama is rewriting another set of rules inherited from his predecessor. This time, the Washington Post reports, it’s President Bush’s policy of overriding state laws with federal regulations, known as “preemption.” Says an activist, “It's environmental law, it's drug law, it's mortgage law, it's a whole host of areas where the Bush administration was really aggressive about using regulatory action to clear state and local laws that businesses and corporations didn't like.”

The Chamber of Commerce argues that the preemption—recently called into question by the Supreme Court—made it easier to do business. “Removing federal preemption forces employers to navigate a confusing, often contradictory patchwork quilt of 50 sets of laws and regulations,” says an official.

President Barack Obama delivers an address on national security, terrorism, and the closing of Guantanamo Bay prison, Thursday, May 21, 2009, at the National Archives in Washington.
President Barack Obama delivers an address on national security, terrorism, and the closing of Guantanamo Bay prison, Thursday, May 21, 2009, at the National Archives in Washington.   (AP Photo/J. Scott Applewhite)
A protester who identified himself as
A protester who identified himself as "Farmer Dave" holds a sign protesting raids on medical marijuana clinics in Los Angeles, May 27, 2008. The Obama administration has stopped such raids.   (AP Photo/Nick Ut)
In this July 3, 2008, file photo, traffic stacks up on the eastbound Santa Monica Freeway in Los Angeles. The Obama administration will let California enforce its emissions rules.
In this July 3, 2008, file photo, traffic stacks up on the eastbound Santa Monica Freeway in Los Angeles. The Obama administration will let California enforce its emissions rules.   (AP Photo/Kevork Djansezian, file)
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This memorandum brings clarity and orderliness back to this rule-making process and also ensures that preemption will be done only in cases where it's legally justifiable. - Kenneth Baer, spokesman for the White House Office of Management and Budget

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8 comments
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Derni
May 22, 09 8:40 AM CDT
Notice that it was done for business-not the public interest-I'm for streamling laws and less redtape-but Bush went too far Reply
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jeangnome
May 22, 09 10:11 AM CDT
I haven't seen much of a difference between the two administrations, actually. Nothing much has changed and some things have even gotten worse, at least they have where I live. Reply
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Mad
May 22, 09 2:24 PM CDT
So, move. (Remember when republicans used to spew "Love it or leave it"? See how stupid that sounds?)
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northeast
May 22, 09 10:22 AM CDT
An emphasis on state law above federal is probably one of the few items where I can agree with Obama. "Different" regulations that span 50 states are misleading... market to the highest and you're all set. International businessmen knew it, and hopefully the Chamber of Commerce can learn. Reply
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TerrifiedCitizen
May 22, 09 1:13 PM CDT
The feds need to sit down with a governors council and come up with a common set of laws that meet the needs of local government within constitutional boundaries and ensure that the excesses and corruption of the past are not repeated. Reply
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