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Sunday, February 24, 2019

Federal Mandates Essay

Through out the 1930s, contentism began to grow along with an increase power towards federal official grants and sanctions due to the effects of the Depression. During the New Deal the overbearing Court ruled that national spending was not limited to sound specific grants any more. The national establishment now had the power to grant, fund, and polity currency to any offer under what conditions they choose. Currently Congress squeeze out imply considerable ascendance over the states by placing federal money to particular federal orders. Over the past 25 years Federalism has dramatic every(prenominal)y changed as a result of an increase in federal rules. scratch line with Jimmy Carter trying to decease the government to Creative Federalism, he wanted to give federal aid to poor communities and to use public monetary resource to promote private investment for certain problems patch trying to give a partnership between state and national government.On the early(a) h and, Ronald Reagan reigned against big government during his four-year term from 1981-1988. In the end he subvertd national spending towards states, which made umpteen American citizens very unhappy. prexy George Bush stepped into to office next with a plan to continue with Reagans downsizing of government. While trying to carry out this goal, Bush get down welf are spending, change magnitude education programs and environmental protection, while increases in the constitute of Medicaid rose, leading to a national grant increase. Bill Clinton reversed the administration when he signed the Executive Order 13803, which allows for federal intervention in policy matters with state and local government. Many agreed that this order hard eroded federalism. Through out the past 25 years, the estimations of governmentgrants and mandates founder varied almost from each president. With Clinton in office he increased under-funded federal mandates to states. These changes behave caused Federalism to change as well, with the age-old question quiet down pondering in the minds of Americans, who actually has the most power, the states or national government?In 1990 a federal mandate was passed called the Americans with damage Act The Federal Law makes it wicked for employers to break on thebasis of a disablement. It makes it illegal for an employer to discriminate against a qualified individual with a disability in job application process, hiring, discharge of employee, job training, and other terms. Also all businesses must make accommodation for employees with a disability. In addition, it is unlawful to discriminate against a person who is perceived to have a disability, that is if the employer believes one is disabled, regular(a) though he is not, and still discriminates against him.The Federal Government issued this mandate in order to ensure that all American citizens have the same advantages. Although a citizen might be disabled, it does not mean that he or she is in capable of working. It is unfair to discriminate against a person with a disability when our country was founded on treating all citizens with equality and ensuring uniform rights for all. Enforcing this act would reduce the number of citizens needing welfare and decrease the unemployment rate.Many mandates affect both the state and local government budgets. Several mandates are associated with federal grant-in-aid programs, where money is paying to state and local governments for programs or activities the federal government wants to promote. While company in these programs is voluntary, the offer of federal money often is too tempting for states to refuse. For example, the federal government pays about $250 million annually for atomic number 25 highways. However, the money haves with requirements, such(prenominal) as lane width and pavement thickness. separate mandates apply to both government and the private sector these include the occupational Safety and Heal th Administration and the Americans With Disabilities Act.These two mandates are costly and come with no financial assistance. Private sectors include small business such as my fathers very own physical therapy clinics. In 1990 when the law was past, he had to make accommodations for disabled citizens. Although my father does treat many disable citizens already, he had to make further modification to his clinics such as even larger bathrooms, special equipment, and wheelchair ramps to meet the federal mandate standards while funding the project by himself.If the government were to remove this federal mandate, the Americans with Disability Act, many consequences would follow. This act enables allcitizens a chance to earn a job. With this mandate the government is ensuring the same equal rights to all Americans. Also with the mandate doctors are not allowed to say if a patient is able to return to work or not after being disabled . The doctors are now only authorized to state the pati ents limitations, it is up to the employer to claim if the patient is unable to work. This one factor allows more citizens with disabilities to work. If the mandate were removed then fewer citizens would return to work, due to the fact that doctors would have to title all patients disabled if they had any sort of limitation.The increase of federal mandates does show that the national governments are taking control over the states governments, which defeats the idea of Federalism. When using a federal system of government, both the state and the national government are suppose to SHARE power. Federal mandates work against the commentary of true Federalism. Mandates do not contribute to the sharing of powers. Federal mandates control states. The states do not have a chose to participate in the mandate or not. Therefore, federal mandates drive our country away from the ideas of Federalism.

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