How federal agencies press down on the states
Federal guidance can look harmless. But when agencies use it to pressure states, “nonbinding” can quickly become coercive.
A new piece at National Review from the Center for Practical Federalism’s Madison Ray explains how federal agencies can use guidance documents, letters, and informal directives to push states into adopting policies that never went through Congress or formal rulemaking. It also highlights how states like Utah are responding with transparency reforms that help lawmakers review federal guidance before it becomes de facto policy.
State lawmakers can fight the unelected bureaucracy but it requires a firm commitment to the constitutional role of states in our federal system.
“When a federal agency wants to change state policies, it doesn’t always need a new law or a formal rule. Sometimes, it just sends a letter.”
— The Federalism Beat