Government and Democracy Task 11
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American Public University *
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Political Science
Date
Dec 6, 2023
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Uploaded by ConstableDinosaurPerson776
Federal Mandates are passed by Congress that require states, cities, towns, and private organizations to perform specific actions or offer programs, even without corresponding federal funding. These mandates can place significant financial and administrative burdens on local governments, making it challenging for them to serve their communities effectively.
To address this issue, Congress and the President must take steps to reduce or eliminate unnecessary, ineffective, or costly mandates. One practical approach would be to enact legislation requiring the Congressional Budget Office (CBO) and other relevant offices to review proposals for new or revised mandates and assess their impact on state, city, and town budgets and finances. Additionally, this legislation should create a federal commission to conduct a broad review of mandates to understand their scope and impact better. This commission could use hard cost figures to develop more accurate and reliable estimates of mandate impacts, which would benefit the CBO, OMB, and state and local governments. Ultimately, such measures would empower local governments to serve their communities better and ensure that federal mandates do not become burdensome.
Here is a summary of the latest news about federal mandates in the United States that may affect the performance of states:
The Biden administration has lifted the COVID-19 public health emergency. This means the federal government will no longer require states to offer Medicaid coverage to all eligible adults under the American Rescue Plan. It also means that the Centers for Disease Control and Prevention (CDC) will no longer be able to issue specific COVID-
19-related mandates, such as mask mandates.
The Biden administration still requires federal contractors to be vaccinated against COVID-19. This mandate has been challenged in court but is still in effect.
The Biden administration also requires certain healthcare workers to be vaccinated against COVID-19. This mandate is also facing legal challenges.
The Biden administration is considering a new rule requiring all students to be vaccinated against COVID-19 to attend Head Start or childcare programs. This rule has not yet been finalized.
The Biden administration is facing legal challenges over its student loan forgiveness plan. Several states have filed lawsuits to block the plan, arguing that it is illegal and will
unfairly benefit some borrowers over others. The lawsuits are still pending, and it is unclear whether the plan will be allowed to go into effect.
The Biden administration is also facing legal challenges over its immigration policies. Several states have filed lawsuits to challenge the administration's decision to end the Trump-era "Remain in Mexico" policy, which required asylum seekers to wait in Mexico while their cases were processed in U.S. courts. The lawsuits are still pending, and it is unclear whether the administration's decision will be upheld.
These federal mandates can potentially affect states' performance in several ways. For example, lifting the COVID-19 public health emergency could decrease Medicaid enrollment, which could strain state budgets. The vaccine mandates could also reduce the number of people willing to work for the federal government or in healthcare, which could strain state budgets.
In addition to these federal mandates, many state-level mandates could affect the performance of states. For example, some states have their vaccine mandates for healthcare workers. Other states have their own laws that restrict abortion access. These state-level mandates can significantly impact the performance of states, both in terms of their budgets and their ability to attract and retain workers.
It is important to note that the impact of federal and state mandates on the performance of states is complex and will vary from state to state. However, these mandates have the potential to significantly impact state budgets, state economies, and the ability of states to provide services to their residents.
Over the course of American history, the federal government has expanded in size and scope. As a result, the constitutional balance of federalism has been thrown off, and today, states are pushing back. With a more state-friendly Congress, states have an historic opportunity to restore that balance by demanding that any Federal mandates include funding or are subject to judicial review and challenge.
References
Assistant Secretary for Public Affairs (ASPA). (2023, 9 mayo). Fact Sheet: End of the COVID-19 public health emergency. HHS.gov
. https://www.hhs.gov/about/news/2023/05/09/fact-sheet-end-of-the-covid-19-
public-health-emergency.html#:~:text=What%20has%20been%20accomplished
%3A,end%20the%20COVID%2D19%20PHE.
Giubilini A, Savulescu J, Pugh J, Wilkinson D. Vaccine mandates for healthcare workers
beyond COVID-19. J Med Ethics. 2023 Mar;49(3):211-220. doi: 10.1136/medethics-2022-108229. Epub 2022 May 30. PMID: 35636917; PMCID:
PMC9985724.
Federal and state bans and restrictions on abortion
. (n.d.). Planned Parenthood Action Fund. https://www.plannedparenthoodaction.org/issues/abortion/federal-and-state-bans-and-
restrictions-abortion#:~:text=Abortion%20bans%20and%20restrictions
%20vary,completely%20in%20the%20United%20States
.
House, W. (2023, May 10). FACT SHEET: Actions taken by the Biden-Harris administration to ensure continued COVID-19 protections and surge preparedness after public health emergency transition
. The White House. https://www.whitehouse.gov/briefing-
room/statements-releases/2023/05/09/fact-sheet-actions-taken-by-the-biden-harris-
administration-to-ensure-continued-covid-19-protections-and-surge-preparedness-after-
public-health-emergency-transition/#:~:text=As%20the%20COVID%2D19%20Public,of
%20COVID%2D19%20going%20forward
.
House, W. (2023, May 10). FACT SHEET: Actions taken by the Biden-Harris administration to ensure continued COVID-19 protections and surge preparedness after public health emergency transition
. The White House. https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/09/fact-
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