Opinion of the Court
§ 4921.02(A)(8), thus leaving tow-truck regulation largely to the cities, Cincinnati v. Reed, 27 Ohio App. 3d 115, 500 N. E. 2d 333 (1985).
It is the expressed intent of § 14501(c)(2)(A) that the preemption rule of § 14501(c)(1) "not restrict" the existing "safety regulatory authority of a State." Compare § 14501(c)(2)(A) with §§ 14501(c)(2)(B) and (C) (preemption "does not apply" to state or local power to regulate in particular areas), and § 14501(c)(3) (preemption rule "shall not affect" multistate, state, or local authority to regulate particular areas at the behest of carriers). Preemption analysis "start[s] with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress." Medtronic, Inc. v. Lohr, 518 U. S. 470, 485 (1996) (internal quotation marks and citation omitted). Section 14501(c)(2)(A) seeks to save from preemption state power "in a field which the States have traditionally occupied." Ibid. (internal quotation marks and citation omitted). A saving provision of that order is hardly comparable to exercises of congressional spending authority that, as a condition for receipt of funds, explicitly restrict the prerogative of States to entrust governance of a matter to localities. Such programs typically make uniform statewide regulation a condition of funding, or, conversely, provide funds to localities on the condition that they be spent at that level in accordance with federal prescriptions and without state interference. See, e. g., 23 U. S. C. § 153 (grants to support traffic safety conditioned on a motorcycle helmet law that applies "throughout the State"); § 158 (highway grants withheld unless "State has in effect a law" setting the drinking age at 21); 42 U. S. C. § 1396a(a)(1) (Medicaid grants available only if a State ensures that its plan for medical assistance is "in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them"); Lawrence County v. Lead-Deadwood School Dist. No. 40-1, 469 U. S.Page: Index Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: October 4, 2007