LAW, POLITICS, AND THE NEW FEDERALISM: STATE ATTORNEYS GENERAL AS NATIONAL POLICY MAKERS

In: The review of politics, Band 56, Heft 3, S. 525-554

Abstract

THE ACTIVITIES OF STATE ATTORNEYS GENERAL HAVE RECEIVED LITTLE SCHOLARLY ATTENTION DESPITE THEIR GROWING IMPORTANCE AS NATIONAL POLICY MAKERS. THIS PAPER EXAMINES HOW NEW FEDERALISM AND DIVIDED GOVERNMENT, DURING THE PAST TWO DECADES, HAVE ALTERED THE POLITICAL CONTEXT OF STATE LEGAL WORK AND HOW STATE ATTORNEYS GENERAL HAVE RESPONDED. IN ADDITION TO ESTABLISHING NEW MECHANISMS FOR INTEGRATING STATE LAW ENFORCEMENT POLICIES, STATE ATTORNEYS GENERAL HAVE ASSUMED A MORE COORDINATED AND PROACTIVE LITIGATING POSTURE IN THE FEDERAL COURTS. THESE DEVELOPMENTS HAVE ALLOWED STATES TO LAUNCH EFFECTIVE CHALLENGES TO FEDERAL LAW ENFORCEMENT POLICY AND TO PROTECT STATE REGULATION FROM FEDERAL PREEMPTION.