![]() ![]() It concludes that, without a significant rethinking of state-based federalism, the American city is likely to remain vulnerable. The Article also provides a current accounting of state preemptive legislation and assesses the cities’ potential legal and political defenses. It argues that anti-urbanism is a long-standing and enduring feature of American federalism and seeks to understand how a constitutional system overtly dedicated to the principles of devolution can be so hostile to the exercise of municipal power. This Article describes this politics by way of assessing the nature of-and reasons for-the hostility to city lawmaking. These legal challenges to municipal regulation have been accompanied by an increasingly shrill anti-city politics, emanating from both state and federal officials. State–city conflicts over the municipal minimum wage, LGBT antidiscrimination, and sanctuary city laws have garnered the most attention, but these conflicts are representative of a larger trend toward state aggrandizement. The last few years have witnessed an explosion of preemptive legislation challenging and overriding municipal ordinances across a wide range of policy areas. Schragger Volume 96Īmerican cities are under attack. ![]()
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