Unfunded Mandates and Fiscal Federalism: A Critique
Robert W. Adler
University of Utah - S.J. Quinney College of Law
Vanderbilt Law Review, Vol. 50, p. 1137, 1997
All of these conclusions support the notion that issues of federalism are best left to the national political process. Given the complex interrelationship of federal tax, spending, and regulatory policies, it is impossible for federal courts, bound by the narrow constraints of party-defined litigation, to assess the fiscal burdens of individual federal programs in the proper context. These issues are viewed more appropriately by elected federal officials in the course of the national political process. The fact that states and cities remain net fiscal beneficiaries of intergovernmental programs suggests that lower levels of government do receive adequate protection and representation in this manner.
Number of Pages in PDF File: 121Accepted Paper Series
Date posted: October 5, 2010
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