Publication Date
11-1993
Journal
Vanderbilt Law Review
Abstract
Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements of legislative supermajorities for unfunded mandates, and statutory and constitutional reimbursement arrangements for state imposed obligations on local governments.
Volume
46
Issue
6
First Page
1355
Last Page
1416
Publisher
Vanderbilt Law School
Keywords
Economics Law, Mandates, Government (General), Taxation--Transnational, Taxation, Tenth Amendment, Constitutional Law, State and Local Government Law, Politics (General)
Disciplines
Constitutional Law | Law | Law and Economics | Law and Politics | State and Local Government Law | Taxation-Transnational
Recommended Citation
Edward A. Zelinsky,
Unfunded Mandates, Hidden Taxation, and the Tenth Amendment: On Public Choice, Public Interest, and Public Services,
46
Vand. L. Rev.
1355
(1993).
https://larc.cardozo.yu.edu/faculty-articles/540
Included in
Constitutional Law Commons, Law and Economics Commons, Law and Politics Commons, State and Local Government Law Commons, Taxation-Transnational Commons