Unfunded Mandates and Fiscal Federalism: A Critique

Vanderbilt Law Review, Vol. 50, p. 1137, 1997

121 Pages Posted: 5 Oct 2010  

Robert W. Adler

University of Utah - S.J. Quinney College of Law

Date Written: 1997

Abstract

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.

Suggested Citation

Adler, Robert W., Unfunded Mandates and Fiscal Federalism: A Critique (1997). Vanderbilt Law Review, Vol. 50, p. 1137, 1997. Available at SSRN: https://ssrn.com/abstract=1687346

Robert W. Adler (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

332 S. 1400 East Room 101
Salt Lake City, UT 84112-0730
United States

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