By Joseph F Zimmerman
An insightful reassessment of the connection among the U.S. Congress and the states.
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In other words, a minimum standards state law supersedes the corresponding national law if the state standards are equal to or higher than the national ones. If a state fails to submit an acceptable plan or returns “regulatory primacy” to the agency, the latter assumes responsibility for enforcing national regulations in the state. ”64 More Stringent State Standards This type of devolution of powers differs from devolution under minimum standards preemption acts in that there is no requirement that a state must submit its standards to a federal agency for approval before the standards become effective.
Upon approving a plan, the agency devolves enforcement “regulatory primacy” to the state; that is, only the state inspects and enforces its standards and the role of the agency is to monitor the performance of the state. In other words, a minimum standards state law supersedes the corresponding national law if the state standards are equal to or higher than the national ones. If a state fails to submit an acceptable plan or returns “regulatory primacy” to the agency, the latter assumes responsibility for enforcing national regulations in the state.
S. district court. The court may grant relief if “the adverse finding of the franchise authority with respect to each of the factors . . S. 44 Gambling Congress devolved authority to state legislatures to regulate horseracing and lotteries, and to governors to enter into state-tribal compacts permitting gambling on Indian reservations. 45 A court challenge was launched against the act on the ground of restriction of commercial free speech. S. S. S. ”47 In 1951, Congress enacted two statutes designed to assist state enforcement of their antigambling criminal laws.