The Politics of Unfunded Mandates: Whither Federalism?Georgetown University Press, 1998 M12 3 - 264 páginas This book is the first comprehensive analysis of the politics behind the use of mandates requiring state and local governments to implement federal policy. Over the last twenty-five years, during both liberal and conservative eras, federal mandates have emerged as a resilient tool for advancing the interests of both political parties. Revealing the politics that led to the policies, Paul L. Posner explores the origins of these congressional mandates, what interests and needs they satisfy, whether mandate reform initiatives can be expected to alter their use, and their implications for federalism. This book reveals how mandates have changed the way policy is formed in the United States and the fundamental relationship between the federal government and the state and local governments. |
Dentro del libro
Resultados 1-5 de 50
... preemptions alone identified 439 statutes enacted since 1789 that displaced state and local authority.12 Of the 439 preemption statutes tracked by ACIR , over half have been enacted since the 1970s . Figure 1.1 shows the quickening pace ...
Whither Federalism? Paul L. Posner. 30 25 25 20 Crosscutting Regulations Partial Preemptions Crossover Sanctions 15 Direct Orders 10 5 0 1931-40 1941-50 1951-60 1961-70 1971-80 1981-90 Figure 1.1 : The Growth of Federal Mandates , 1931 ...
... preemption of state or local authority to impose their own laws in such areas as occupational safety and health and surface mining reclamation undermines their capacity to respond to diverse needs in flexible ways . " Federal rules ...
... preemptions , and total preemptions . Consistent with a long line of Court decisions , the Printz decision suggests that these approaches do not violate federalism principles because participation by the states is voluntary , at least ...
... preemptions enacted by Congress are included , so are federal limitations on state and local taxing authority that arise from tax- exempt bond restrictions , federal administrative actions that impose costs , and the intergovernmental ...
Contenido
HOUSESENATE NEGOTIATIONS | 115 |
A LEGISLATIVE POSTSCRIPT ON COSTS | 117 |
IMPLICATIONS | 118 |
NOTES TO CHAPTER 6 | 120 |
Education for Preschool Handicapped Children | 126 |
THE GROWTH OF THE FEDERAL PRESENCE IN SPECIAL EDUCATION | 127 |
PASSAGE OF THE 1975 MANDATE | 130 |
CONSENSUS DISSOLVES DURING IMPLEMENTATION | 131 |
30 | |
32 | |
36 | |
98TH THROUGH 101ST CONGRESSES | 39 |
IMPLICATIONS | 54 |
The Rush toward Consensus | 57 |
SIGNIFICANT MANDATES PASSED WITH BROAD SUPPORT | 58 |
MANDATES IN THE 99TH CONGRESS | 60 |
IMPETUS FOR THE MANDATES OF THE 99TH CONGRESS | 61 |
DISARMING THE CONSTRAINERS | 66 |
IMPLICATIONS | 74 |
State and Local Government Interest Group Behavior | 78 |
STATE AND LOCAL GROUPS MIXED VIEWS ON MANDATES | 81 |
SOURCES OF STATE AND LOCAL AMBIVALENCE | 83 |
FEATURES OF MANDATES THAT LIMIT STATE AND LOCAL INFLUENCE | 86 |
IMPLICATIONS | 89 |
NOTES TO CHAPTER 5 | 91 |
Asbestos and the Politics of Consensus | 94 |
THE POLITICAL EXTRAPOLATION OF SCIENCE | 95 |
TARGET FOR REGULATORY EXPANSION | 96 |
EARLY FEDERAL POLICY ACTION FOLLOWS THE INCREMENTAL MODEL | 97 |
REGULATION BEGETS REGULATION | 101 |
MANY ROADS LEAD TO WASHINGTON | 102 |
A NEW CONGRESSIONAL CHAMPION EMERGES | 105 |
THE POLITICS OF UNANIMITY | 107 |
THE AMBIVALENT POSITION OF THE SCHOOLS | 111 |
A REPUBLICAN SENATE ENACTS A STRONGER BILL | 113 |
PRESCHOOL HANDICAPPED COVERAGE MAKES THE AGENDA | 133 |
THE SENATE PASSES A PRESCHOOL MANDATE | 138 |
THE BILL BREAKS THROUGH TO THE HOUSE AGENDA | 144 |
THE SCHOOLS AWAKEN TO THE COST IMPACTS OF THE SENATE BILL | 147 |
THE POLITICS OF CONSENSUS | 150 |
THE POISONED CARROT? | 153 |
IMPLICATIONS | 154 |
NOTES TO CHAPTER 7 | 155 |
The Politics of Mandate Reform | 160 |
IMPLICATIONS | 175 |
NOTES TO CHAPTER 8 | 176 |
The Impact of Mandate Reform | 180 |
OVERVIEW OF MANDATES ENACTED IN 1996 | 181 |
MANDATE RESTRAINT AND MODIFICATION | 182 |
THE MARCH OF MANDATES CONTINUES | 185 |
MANDATE ROLLBACKS | 187 |
THE POLITICS OF FEDERAL MANDATES REVISITED | 189 |
OTHER INSTITUTIONAL DEVELOPMENTS | 202 |
IMPLICATIONS | 206 |
NOTES TO CHAPTER 9 | 207 |
Conclusions | 211 |
STATE AND LOCAL GOVERNMENTS AND MANDATES | 215 |
WHITHER FEDERALISM? | 222 |
NOTES TO CHAPTER 10 | 229 |
Appendix 1 | 233 |
Index | 239 |