What do drivers' licenses that function as national ID cards,
nationwide standardized tests for third graders, the late
unlamented 55 mile per hour speed limit, the outlawing of the
eighteen-year-old beer drinker, and the disappearing mechanical
lever voting machine have in common? Each is the product of an
unfunded federal mandate: a concept that politicians of both
parties profess to oppose in theory but which in practice they
often find irresistible as a means of forcing state and local
governments to do their bidding, while paying for the privilege.
Mandate Madness explores the history, debate, and political
gamesmanship surrounding unfunded federal mandates, concentrating
on several of the most controversial and colorful of these laws.
The cases hold lessons for those who would challenge current or
future unfunded federal mandates. James T. Bennett also examines
legislative efforts to rein in or repeal unfunded federal mandates.
Finally, he reviews the treatment of unfunded mandates by the
federal courts. Those who find wisdom in America's traditional
federalist political arrangement maintain perhaps with more
wishfulness than realism that the unfunded federal mandate has not
yet joined death and taxes as an immovable part of the modern
political landscape.
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