The Citizen's Relief Against Inactive Federal Officials: Case Studies in Mandamus, Actions "In the Nature of Mandamus," and Mandamus Injunctions
In response to citizen pressure and perceived need legislative bodies have enacted statutes prescribing specific legislative standards designed to protect the public. The scope of these statutes has required a corresponding growth of the administrative process. For instance, statutes enacted by Congress in the past few decades include provisions mandating that the Department of Education (hereinafter DOE) deny federal funds to schools that fail to desegregate in accordance with constitutional standards. When the legislature has spoken the citizen expects a certain result; yet, the DOE may continue to provide funds to these schools. However, in all likelihood this failure to deny funds is based not upon some immoral scheme or impermissible motive, but upon inefficiency, lack of personnel, confused priorities within the DOE, directives from the President, or administrative inertia.
Brill, H. (1983). The Citizen's Relief Against Inactive Federal Officials: Case Studies in Mandamus, Actions "In the Nature of Mandamus," and Mandamus Injunctions. Akron Law Review, 339. Retrieved from https://scholarworks.uark.edu/lawpub/60