Federal Mandates On State And Local Governments Hearing Before the Committee O

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Federal Mandates On State And Local Governments Hearing Before the Committee O
David Bailie Warden
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Consequently, unfunded federal mandates constitute a serious encroachment upon state and local prerogatives, and significantly undermine federalism.
Juxtaposed against these facts is the Constitutional role of the Senate. Our Constitution envisions the Senate as the protector of state interests against federal encroachment. Senators were originally elected by the state legislatures, not directly by the people, and Senators represent a whole state, not just a portion. Since the adoption of the s
...eventeenth amendment, in 1913, Senators are no longer dependent upon state legislatures 70 i Sen. Judd Gregg Pa B e 9 for their election. Nonetheless, the Senate's basic Constitutional role in our federal system as the protector of state interests remains intact.
As the proliferation of unfunded federal mandates demonstrates, the Senate has not been performing that role too well over the past 20 years or so. The crush of modern problems has caused us to lose our Constitutional bearings. Devising a bill that properly and comprehensively solves the unfunded mandates problem will be difficult, but it is imperative that we try.


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