Constitutional federalism.

• Position: Preemption of state law by the federal government - The States' Advocate

Preemption of state law is arguably the most significant current problem in state-federal relations. Advocates for states' rights have enjoyed considerable success in recent years in dealing with unfunded federal mandates, in providing increased flexibility in federal grant programs, and in winning important Tenth Amendment cases in the Supreme Court. Despite these recent successes, it can be argued that in 1998, Congress and the president increasingly are inclined to ignore the rights of states by preempting state law.

At this writing, a House-Senate conference committee is considering whether to require states to revise their drunk driving laws to reduce the legal blood alcohol limit to .08 percent. As previously noted, the House has passed and a Senate committee has reported legislation that would preempt state court jurisdiction in order to facilitate suits against states and localities for allegedly "taking" private property through government regulation. Similarly, President Clinton and some congressional leaders are pushing for passage of versions of the "Internet Tax Freedom Act," some of which include broadly preemptive language.

Nor is that all. Legislation that would deregulate the electric utility industry, in a way that could have significant tax and economic development consequences for states, also is receiving consideration, even though it is unlikely to pass this year. Last year, Congress passed but President Clinton vetoed, a bill that would have broadly preempted state product liability law in order to protect manufacturers from lawsuits. Many observers expect Congress to pass a narrower product liability bill in late summer or early...