Roger Williams University Law Review Volume 9 | Issue 1 Article 5 Fall 2003 Conservative Activism on the Rehnquist Court: Federal Preemption is No Longer a Liberal Issue James B. Staab Central Missouri State University Follow this and additional works at: http://docs.rwu.edu/rwu_LR Recommended Citation Staab, James B. (2003) "Conservative Activism on the Rehnquist Court: Federal Preemption is No Longer a Liberal Issue," Roger Williams University Law Review: Vol. 9: Iss. 1, Article 5. Available at: http://docs.rwu.edu/rwu_LR/vol9/iss1/5 This Article is brought to you for free and open access by the Journals at DOCS@RWU. It has been accepted for inclusion in Roger Williams University Law Review by an authorized administrator of DOCS@RWU. For more information, please contact
[email protected]. Conservative Activism on the Rehnquist Court: Federal Preemption is No Longer a Liberal Issue James B. Staab* As has been widely discussed, and convincingly demonstrated elsewhere,1 the Rehnquist Court is in the midst of a constitutional revolution in the area of federalism. By broadly interpreting the 2 Tenth and Eleventh Amendments, the five-justice conservative bloc has sharply limited federal authority and has resurrected the con- cepts of state "traditional functions" and "sovereign immunity." One notable exception to this revolution, however, has been the Court's preemption decisions.3 Significantly, in this area the Rehnquist Court conservatives have been as likely, or more likely, than their * Associate Professor of Political Science, Central Missouri State Uni- versity; B.A., Roanoke College; J.D., University of Richmond; Ph.D., Univer- sity of Virginia.