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A Decade of Unfunded Mandates Reform
By Paul M. Weyrich
March 28, 2005

Page 3 of 3

Alexander also wants to ensure that federal statutes do not preempt local laws unless it is made clear in the legislation that there is a direct conflict between state and federal laws.

The Founding Fathers envisioned a strict delineation between local and state responsibilities and those assumed by the federal government. Nor did they envision the nation's federal judiciary to be unelected policymakers. Over time, the responsibilities have blurred as more policies set by Washington and the federal courts have been thrust upon the states and local governments, leaving them to pick up the tab. Imagine being told by the boss of the company that your department is going to take a deduction from your paychecks to pay for your computers. There'd be a revolt. Unfortunately, it does not quite work that way in government.

UMRA made a good start but Senator Alexander is intent on seeking further reform, especially reining in the power of the courts to micromanage the policies of local and state governments. He wants the current Congress to recapture some of the revolutionary spirit that guided the "Class of '94" by reaffirming the value of federalism. It's a worthy mission and his proposals are worthy of study and debate by a Congress and federal courts that too often have been more concerned with headlines proclaiming it was tackling problems while, in reality, all they were doing was passing the buck to state and local governments.

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Paul M. Weyrich is Chairman and CEO of the Free Congress Foundation.

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Note -- The opinions expressed in this column are those of the author and do not necessarily reflect the opinions, views, and/or philosophy of GOPUSA.

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