Federalism Hearing Before the Committee On the Budget House of Representative
Federalism Hearing Before the Committee On the Budget House of Representative
United States Congress House Committee On the B
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" Most important, it asserts Colorado's right to determine the constitutionality of any feder- ally mandated program, prohibits any State appropriations unless the Federsd pro- gram meets the State's established criteria, and establishes programs and principles for the development of legal theories and legal action to oppose Federal mandates. The bill declares the State's primacy in directing the implementation of federally mandated programs and puts State employees involved in implementing the...se pro- grams on notice that they report to the State, not to the Federal Government. It argues that the "burden to prove the insufficiency of the State's efforts to implement Federal requirements [should be] shifted to the person or agency who asserts such insufficiency. " In other words, Colorado should not be required to prove that its im- plementation plan for a mandated program is sufficient; rather, before it can require a plan's alteration, the Federal Government should have to prove that the plan is insufficient.
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