U.S. Government Mandates, specifically unfunded mandates, exploded in the later half of the 20th Century which begs several questions. First, what exactly is a Government mandate? Second, what are some examples of Government mandates? Third, why are Government mandates more prevalent today than in the past? Lastly, what are some examples of how these mandates can be stopped? See below for the answers to these questions.
What Exactly is a Government Mandate?
Specifically for the United States. it is a federal order that induces “responsibility, action, procedure or anything else that is imposed by constitutional, administrative, executive, or judicial action” for state and local governments and/or the private sector. Also as with any legislation, statute, or regulation, a mandate is an enforceable duty. Interestingly, the issue of Government Mandates comes up a lot in the U.S. due to the United States having strong state rights. See Wikipedia’s Unfunded Mandate and NCSI’s Mandate Monitor Review for more on Government mandates.
Who Can Issue Government Mandates?
In the United Statues all three bodies of the Government, and at the federal, state, and local level, can issue a mandate. First, Congress can enact new legislation that would impose mandates on lower Government bodies, business, and the public at large. Second, executives such as Presidents can issue a mandate as a result of an Executive Order. For example, Presidents can exercise emergency powers during natural disasters, energy crises, and other situations requiring immediate attention. Lastly, the courts can also issue rulings that result in a mandate. See National Governor’s Association’s Governors’ Power and Authority.
What are Some Examples of Government Mandates?
Many U.S. Federal Government mandates are not funded or underfunded. Below are some examples of government mandates that were unfunded:
- No Child Left Behind Act of 2001. Many states and school districts argue that this legislation resulted in many costs that aren’t paid for by federal funding. Here federal judges have ruled that states could opt out of this mandate.
- Internet Tax Nondiscrimination Act of 2004. This legislation prohibited states from collecting sales taxes on internet purchases. Moreover, this cost states between $80 million and $100 million in annual income.
- State and Local Governments Administrating National Elections. Here non-federal governments must administer national elections and don’t receive federal funds to do so. In this case, costs are minimal as these non-federal governments are having their own elections at the same time.
See The Balance’s What AreUnfunded Mandates? and American Action Forum’s 101 Unfunded Mandates and Counting for more information and examples of government mandates.
Have Government Mandates Always Been the Norm in the U.S.?
No, and specifically, unfunded federal mandates just started in the early 20th century with the general expansion of the federal government. For example, responding to the problems of the Great Depression, the federal government greatly expanded social programs, economic stimulus, and regulations. Furthermore, this expansion continued over the next couple of decades to include many unfunded mandates affecting states and private industry. See Federalism Index’s Unfunded Mandates: A Historical Overview.
How Can Unfunded Government Mandates Be Stopped?
In the U.S. there are mechanisms in place to stop unfunded government mandates. Specifically, this includes:
- Court Decision. The courts can rule against a given mandate.
- Executive Action. The executive branch can also rescind an existing regulation or Executive order.
- Legislation To Repeal or Defund. legislators can repeal an unfunded mandate or properly fund an existing mandate (of course they can also defund an existing funded mandate).
- Legislation To Curtail Unfunded Mandates. To curtail the explosion of unfunded mandates, Congress approved The Unfunded Mandates Reform Act (UMRA) in 1995. Specifically, this act is designed “To curb the practice of imposing unfunded Federal mandates on States and local governments; […] and to ensure that the Federal Government pays the costs incurred by those governments in complying with certain requirements under Federal statutes and regulations, and for other purposes.” For more details, see Wikipedia’s Unfunded Mandate.
For more information from Unvarnished Facts on Government, click here.
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