From Friday's (05/23/08) NYT editorial page by Adam Cohen Editorial Observer
What Ever Happened to the Good Kind of State' Rights
In February, the day after his infamous encounter at Washington's Mayflower Hotel, Eliot Spitzer, then governor of New York, published a remarkable opinion piece in The Washington Post.
He wrote that several years earlier, state attoneys general noticed a spike in predatory lending that the federal government was doing nothing about. When the states tried to rein in abusive mortgage lenders, the #### administration finally did something. The Office of the Comptroller of the Currency issued rules nullifying state predatory lending laws over the objection of all 50 state banking superintendents.
The clampdown, which paved the way for the subprime mortgage crisis, was done by "pre-mption," a little-understood doctrine that allows the federal government to wipe away state laws.
What Ever Happened to the Good Kind of State' Rights
In February, the day after his infamous encounter at Washington's Mayflower Hotel, Eliot Spitzer, then governor of New York, published a remarkable opinion piece in The Washington Post.
He wrote that several years earlier, state attoneys general noticed a spike in predatory lending that the federal government was doing nothing about. When the states tried to rein in abusive mortgage lenders, the #### administration finally did something. The Office of the Comptroller of the Currency issued rules nullifying state predatory lending laws over the objection of all 50 state banking superintendents.
The clampdown, which paved the way for the subprime mortgage crisis, was done by "pre-mption," a little-understood doctrine that allows the federal government to wipe away state laws.