This paper examines federal mandates and the legislative process in the United States. It discusses how mandates issued by the federal government require compliance from states, localities, and individuals, using the Patient Protection and Affordable Care Act (including its individual and contraceptive mandates) and the JOBS Act as primary examples. The paper then explores how citizens engage with the legislative process through mechanisms such as public hearings, letters, and petitions. It also considers the challenges of public participation as legislation moves from local to federal levels, and emphasizes the mutual dependence between elected officials and the constituents they serve.
Federal mandates are orders from a central government that require compliance by state and local governments and individuals. Many times, mandates are signed into law "without the federal funds to support their execution" (Zaretsky 5). Mandates can be divided into different categories and require compliance by different agencies, companies, or individuals.
One fairly recent mandate stems from the Patient Protection and Affordable Care Act (PPACA), which was signed into law on March 30, 2010. Under the PPACA, an individual mandate requires people to purchase an insurance policy or face fines if they are not otherwise covered by an employer-sponsored insurance program or other public insurance program.
Under the PPACA, it has also been mandated that new insurance plans cover certain preventive services without charging a deductible, co-pay, or requiring co-insurance. Furthermore, the "contraceptive mandate" requires that health insurance providers include contraception in their health insurance plans and policies. This mandate was set to go into effect on August 1, 2012.
On April 5, 2012, the Jumpstart Our Business Startup (JOBS) Act was signed into law by President Obama. Under the JOBS Act, a Congressional mandate orders the Securities and Exchange Commission (SEC) to "eliminate a rule prohibiting 'general solicitation' in situations where 'accredited investors' are participating in the offering process" (Lammi). It is argued that the SEC's imposition of these limitations "tread on issuers' commercial speech rights and are a significant impediment in the formation of capital, especially for startups" (Lammi). As such, the JOBS Act requires the SEC to eliminate the "speech restraint within 90 days" (Lammi).
The process by which a government considers bills and laws is commonly referred to as the legislative process. It can be argued that citizens are effectively represented in the legislative process and that their influence is often the impetus for bill and law consideration.
Among the most important elements of the legislative process — elements that not only allow but also encourage input from private and public individuals and corporations — are legislative hearings. These hearings give the public an opportunity to appeal and/or testify about the enforcement of various laws, regulations, and ordinances. Additionally, the public can write letters of support or opposition about a proposed bill, voicing their opinions and possibly recommending amendments that may be taken into consideration. Like hearings, petitions also have the power to influence politicians and give them a better understanding of what the public does or does not want.
"Challenges of participation at state and federal levels"
"Mutual dependence between elected officials and constituents"
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