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Alexander argues that Congress' inability to reform the Medicaid program, which terms of eligibility the federal government dictates to the states, requires the states to spend more of their money in compliance. This federally mandated program costs states money that could be spent on traditional programs - schools, roads, police and parks.

The federal courts, through consent decrees, take it upon themselves to determine what local policies should be for local governments. How transportation is handled in Los Angeles is determined not by the city council or the mayor but by the federal courts. This role should be determined by elected officials, not a judge. Alexander noted in the speech how consent decrees mandate how his state's TennCare system, the Medicaid program, must spend money, some of which the governor would rather devote to education. Alexander emphasized, "The people of our state believe that if we have an important policy decision - not a rights decision, but a policy decision - that elected officials ought to be able to make that decision."

Kempthorne told the National League of Cities that UMRA has worked very well during the past decade. In his view UMRA's purpose was not to discourage all mandates but to reduce them and hold Congress accountable for their passage. He told the National League of Cities:

"The [Government Accountability Office in a May 2004 study] concludes that the Unfunded Mandates Reform Act 'may have indirectly discouraged the passage of legislation identified as containing intergovernmental mandates at or above UMRA's cost threshold. Since 1996, only three proposed intergovernmental mandates with annual costs above the applicable threshold had become law.'"

He continued, "Additionally, the GAO found that the mandates law -- quote - 'may have also aided in lessening the costs of some mandates. From 1996 through 2000, the Congressional Budget Office identified 59 proposed federal mandates above the limits set by the law. After CBO found them, 9 were amended before enactment to reduce their costs to below the limits, and 32 were never enacted. Eighteen mandates above the levels set by the law were enacted during that time, most on the private sector.'"

Alexander takes a different view. He believes more must be done, having told the National League of Cities: "During these last 10 years, in my view, about the only part of the Federal Government that has recognized the importance of strong state and local government in our federal system is the United States Supreme Court, which has rediscovered that the 10th Amendment to the United States Constitution reserves the states' powers that are not expressly granted to the central government."

Alexander proposes amending UMRA to require 60 votes in the Senate to impose unfunded mandates. He also wants to make it easier for state and local elected officials to be able to change or vacate (essentially ending) outdated court decrees. He is working with Senators Mark Pryor (D-AR) and Ben Nelson (D-NE), a former state attorney general and a former governor. Alexander explains, "This legislation would put term limits on consent decrees, shifts to plaintiffs the burden of proving that the decrees need to be continued and requires that courts draw decrees narrowly with the objective of moving responsibility back into the hands of elected officials as soon as possible."

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