A Separation-of-Powers Defense of the "Presumption Against Preemption".

The article discusses the presumption against preemption as a necessary event of federalism in Tulane, Louisiana. It states that the presumption against preemption develops from the recognition that States are independent sovereigns in the state's federal system which has long presumed that U.S. Congress does not proudly pre-empt state-law causes of action. It notes the opponent's view of preemption which invokes traditional states rights federalism policies.