Over the past few years, Congress has increasingly preempted the state
s' power to tax, and at the same time, has cut back funding for federa
lly mandated programs; In this Article, Professor Kaye examines the gr
owth of fiscal burdens placed on state and local governments in the fo
rm of unfunded mandates. She argues that this has grave policy implica
tions for our federalist system. Ultimately, the Author recommends an
amendment to the Unfunded Mandates Reform Act of 1995 that will erect
a procedural hurdle in the path of any new legislation that prohibits
state taxation regardless of the cost of the mandate to the stare and
local government.