Who’s in Charge Here?

How State and Federal Preemption Laws Suppress—and Sometimes Protect—Local Democracy

Across the country, a quiet power struggle is reshaping American democracy—not between parties, but between levels of government. Cities and counties, often the first to experiment with new policies, are increasingly finding their hands tied by state or federal laws designed to override local authority. This maneuver, called preemption, allows higher levels of government to block or nullify laws passed by local ones.

In theory, preemption ensures legal consistency across jurisdictions. But in practice, it is increasingly used as a tool of suppression and not coordination. Local governments trying to raise wages, pass environmental protections, or enact civil rights ordinances are routinely overruled by legislatures more responsive to donors than constituents.

This is federalism turned on its head: a structure designed to share power now used to consolidate it.
What began as a system of shared power is increasingly becoming a hierarchy of vetoes.

I. What Is Preemption?

Preemption comes in t…