Even as Congress has been constrained from mandating
by recent Court decisions, it has also been shown an escape hatch from that constraint by the Court.
A majority of the membership can override the point of order and pass the mandate, but at least the provision ensures the potential for a debate about the issue of mandating
The list of states mandating
coverage for investigational cancer therapies is growing.
When the desire for mandating
is driven by some narrow interest or constituency, and when legislators can satisfy that interest while protecting the state budget from the cost, mandates constitute bad governance.