Political Systems and Governance Peer reviewed

Nuanced Preemption: A Case Study of State and Local Government Behavior During the COVID-19 Pandemic

Samuel Ennett, Cali Curley, Ruowen Shen, Peter Stanley Federman

State and Local Government Review | Oct 8, 2026

Abstract

Abstract

This study reconceptualizes state preemption as a multidimensional policy design choice that actively reshapes state-local authority. We examine gubernatorial treatment of local governments through executive orders issued during the COVID-19 pandemic to capture the complexity of state-local interactions. Utilizing the Institutional Grammar Tool, we code executive orders to develop a novel measure that considers both the direction (authorization versus prohibition) and scope (narrow versus broad) of state intervention in local autonomy. This approach reveals variation in how states simultaneously constrain and empower local governments, demonstrating patterns that are obscured by conventional measures that treat preemption solely as a prohibitive instrument. The findings highlight the importance of nuanced measurement strategies for understanding intergovernmental dynamics, particularly in crisis contexts that are characterized by rapid policy change.

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Authors

Researchers on this paper

Samuel Ennett

first | Geospatial Research (United Kingdom) | ORCID 0009-0006-1799-3717

Cali Curley

middle | University of Miami | ORCID 0000-0003-3244-2623

Ruowen Shen

middle | University of Miami | ORCID 0000-0001-5538-6770

Peter Stanley Federman

last | University of Massachusetts Boston | ORCID 0000-0003-4272-6961

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Citation

BibTeX

@article{Ennett2026Nuanced,
  title = {Nuanced Preemption: A Case Study of State and Local Government Behavior During the COVID-19 Pandemic},
  author = {Samuel Ennett and Cali Curley and Ruowen Shen and Peter Stanley Federman},
  journal = {State and Local Government Review},
  year = {2026},
  doi = {10.1177/0160323x261490530},
  url = {https://doi.org/10.1177/0160323x261490530}
}

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