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Federalism

Federalism concerns the relationships between the Federal government and State, local, and tribal governments. It involves two main issues: (1) the need for the Federal government to consult regularly with such governments and (2) when and under what conditions, Federal law should pre-empt State, local, and tribal law. Executive Order 13132, issued in August 1999, states that Federal regulations may preempt State and local laws and rules only when Congress expressly dictates they do so or gives the executive agency clear authority to supersede state and local government. It specifies that where State rules directly conflict with Federal law, the latter shall be supreme. The Order also gives the Office of Management and Budget (OMB) authority to enforce E.O. 13132 by rejecting major proposed regulations that lack a federalism "impact statement" or have been written without consultation with State and local officials. The executive order also makes it easier for State and local governments to get waivers from Federal rules and requires Federal officials to defer to States whenever possible. (See also Unfunded Mandates Reform Act.)
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