Unfunded Mandate - Criticism

Criticism

Critics argue that unfunded mandates are inefficient and are an unfair imposition of the national government on the smaller governments. While many scholars do not object to the goals of the mandates, the way they are enforced and written are criticized for their ineffectiveness. State and local governments do not always disagree with the spirit of the mandate, however they often object to the high costs they must bear to carry out the objectives.

The debate on unfunded federal mandates is visible in cases such as New York v. United States, mentioned above. In School District of Pontiac, Michigan v. Duncan, the plaintiffs alleged that the school district need not comply with the No Child Left Behind Act of 2011 because the federal government did not provide them sufficient funding; the court concluded that insufficient federal funds were not a valid reason to not comply with a federal mandate.