Protecting Federalism and State Sovereignty Through anti-Commandeering Legislation

Commentary By

Derrick A. Max

Derrick Max is Vice President of Policy at the Jefferson Forum and may be reached at dmax@jeffersonforum.org

Derrick A. Max

Derrick Max is Vice President of Policy at the Jefferson Forum and may be reached at dmax@jeffersonforum.org

Todd Hester

An ordained Presbyterian minister with over twenty years of service to the church. Originally from Travelers Rest, South Carolina, he received a BA in English from Furman University and an MDiv from Beeson Divinity School. He is formerly President and Founder of the Yorktown Foundation.

Commentary By

David Schnare

Unfunded federal mandates are a growing problem for states and an even larger problem for local governments. The Jefferson Institute and the Free Market Environmental Law Clinic at George Mason University prepared a legal “Nutshell” on how to challenge these unfunded mandates. The bottom line of this report is that the federal government may not “commandeer” local resources unless those state and local governments volunteer to do so. This important report explains the legal aspects for challenging this federal overreach and will help state and local governments, policy organizations and citizen groups challenge unfunded federal mandates and return some power to state and local government.

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