Federalism - intergovernmental relations - Congress requires a separate recorded vote for any provision establishing an unfunded mandate. - Unfunded Mandates Reform Act of 1995, Pub. L. No. 104-4, 109 Stat. 48
Article Abstract:
The US Unfunded Mandates Reform Act strikes the appropriate balance between limiting federal authority to legislate programs that impact state and local government and protecting that authority. The law requires that Congress must engage in recorded votes on any laws that have unfunded mandate implications, and the law codifies procedures established by the Clinton Administration to assess the economic impact of federal programs and regulations. Despite criticism from states that Congress did not go far enough, the law correctly relies on political accountability and not blanket prohibitions.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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Federalism and the uses and limits of law: Printz and principle?
Article Abstract:
The US Supreme Court in Printz v. United States used questionable reasoning when denying the federal government directive power over state employees. The Court does too much and too little in its attempt to protect state power and political accountability. The narrow majority opinion based upon constitutional federalism should give way to less categorical constraints on federal powers. Doctrinal legitimacy and stability are more likely assured with a flexible standard based upon multiple factors.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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- Abstracts: Welfare reform - punishment of drug offenders - Congress denies cash assistance and food stamps to drug felons. - Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, s. 115, 110 Stat. 2105 (to be codified at 42 U.S.C. s. 862a)
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