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At the time, the state of South Dakota had a long-standing drinking age of 19 for beer that contained up to 3.2% alcohol. Verdict Delivered: The United States Supreme Court in South Dakota v. Dole found that Congress may attach reasonable conditions to funds and revenue that is disbursed to the individual states. Found inside Page 31Available at: http://www.whitehouse.gov/omb/expectmore/summary/ 10003021.2006.html. Public Broadcasting Service. 1999. Andrew Carnegie: Rags to Riches Court, South Dakota v. Dole, 483 U.S. 203, 1987. W. K. Kellogg Foundation. 45-51. See also Steward Machine Co. v. Davis, 301 U.S., at 595 ("There is only a condition which the state is free at pleasure to disregard or to fulfill"); Massachusetts v. Mellon, 262 U.S. 447, 482 (1923). Citation483 U.S. 203, 107 S. Ct. 2793, 97 L. Ed. by Charles R. Walker III; for the National Safety Council by Harry N. Rosenfield; and for United States Senator Frank R. Lautenberg et al. South Dakota v. Dole Fact Summary Appellant alleges that the federal withholding of a small percentage of highway funds to states allowing public possession or purchase of alcohol by individuals under 21 years is unconstitutional. In this Court, the parties direct most of their efforts to defining the proper scope of the Twenty-first Amendment. Ibid. See ante, at 209-211. Found inside Page 718( See 1 Rotunda , Chap . 5 ; 54 Am.Jur.2d , Money $ 14 ; 63A Am.Jur.2d , Public Funds 956 et seq .; 77 Am.Jur.2d , United States $ 85 et seq .; on conditional federal spending , see South Dakota v . Dole ( 1987 ) 483 U.S. 107 S.Ct. 2793 Steward Machine Co. v. Davis, supra, at 590. 1. May Congress treat States no differently from any other employer when imposing invasive mandates as to the manner in which they provide their own employees with insurance coverage, as suggested by Garcia v. San Antonio Metropolitan Faculty Scholarship at Penn Law. I, 8, cl. South Dakota petitioned the United States Supreme Court for review, and the Court granted cert. This caused Senator Frank Lautenberg of New Jersey to push for legislation establishing a national drinking age of twenty-one. The Case Profile of South Dakota v. Dole: The following is a case profile of the legal trial eponymously titled South Dakota v. Dole: Date of the Trial: South Dakota v. Dole was argued on April 28, 1987. as Amici Curiae 10. These cases establish that the "independent constitutional bar" limitation on the spending power is not, as petitioner suggests, a prohibition on the indirect achievement of objectives which Congress is not empowered to achieve directly. In South Dakota v. Dole, the state challenged 1984 federal legislation that ordered "the Secretary of Transportation to withhold five percent of federal highway funds from states that did not adopt a 21-year-old minimum drinking age," according to a summary from the Chicago-Kent College of Law. Among the controlling cases is South Dakota v. Dole (1987), in which the Supreme Court upheld a federal law that threatened states with the loss of five percent of federal highway funds if they did not raise their drinking age to 21. Indeed, the condition imposed by Congress is directly related to one of the main purposes for which highway funds are expended safe interstate travel. 24, 17 712 N.W.2d. We can readily conclude that the provision is designed to serve the general welfare, especially in light of the fact that "the concept of welfare or the opposite is shaped by Congress . Ante, at 207-208. Id., at 143-144 (citation omitted). Found inside Page 34South Dakota has appealed that decision to the U.S. Court of Appeals for the Eighth Circuit (South Dakota v. Dole, No. Part 3 Summary and Conclusions State minimum drinking age laws should be set at 21 years. l) authorizes the power to require states to comply with federal directives as a condition of receiving federal funds. The Court reasons that Congress wishes that the roads it builds may be used safely, that drunken drivers threaten highway safety, and that young people are more likely to drive while under the influence of alcohol under existing law than would be the case if there were a uniform national drinking age of 21. This condition is appropriately viewed as a condition relating to how federal moneys were to be expended. Because petitioner has not sought such a restriction, see Tr. Here, however, Congress has directed only that a State desiring to establish a minimum drinking age lower than 21 lose a relatively small percentage of certain federal highway funds. Case 3:10-cv-00091-RV -EMT Document 132 Filed 11/19/10 Page 5 of 20. the Constitutional spending principles set forth in South Dakota v. Dole, 483 U.S. 203, 107 S. Ct. 2793, 97 L. Ed. Non-coercive financial incentives by [] No. The District Court rejected the State's claims, and the Court of Appeals for the Eighth Circuit affirmed. Del. The Court's decision in Butler also properly recognizes the gravity of the task of appropriately limiting the spending power. Terms in this set (9) Fact Summary. In its 1987 decision in South Dakota v. Dole, which arguably remains the leading case regarding the use of the federal government's conditional spending power, the Court held that legislation enacted pursuant to the Spending Clause must be in pursuit of the "general welfare." In addition, the Dole Court held that any conditions attached . 86-260 Argued: April 28, 1987 Decided: June 23, 1987. Following is the case brief for South Dakota v. Dole, Supreme Court of the United States, (1987) Case summary for South Dakota v. Dole: A South Dakota state statute permitted the sale of beer containing up to 3.2 percent of alcohol to those 19 and older. 1987 South Dakota v. Dole , 483 U.S. 203 The Court affirmed held that: (1) the indirect imposition of a minimum drinking age through the reduction of federal highway funds otherwise allocable to a state if the state had a minimum drinking age below 21 was . No. of any alcoholic beverage by a person who is less than twenty-one years of age is lawful." See Brief for National Conference of State Legislatures et al. . To that end, Spending Clause legislation has often been characterized as "much in the nature of a . Counsel for petitioner and respondent have consented to Bacchus Imports, Ltd. v. Dias, 468 U.S. 263, 274-276 (1984); Craig v. Boren, 429 U.S. 190, 206 (1976). In the absence of the Twenty-first Amendment, however, there is a strong argument that the Congress might regulate the conditions under which liquor is sold under the commerce power, just as it regulates the sale of many other commodities that are in or affect interstate commerce. as Amici Curiae. The first of these limitations is derived from the language of the Constitution itself: the exercise of the spending power must be in pursuit of "the general welfare." LOCATION:South Dakota Legislature. Thus, for example, a grant of federal funds conditioned on invidiously discriminatory state action or the infliction of cruel and unusual punishment would be an illegitimate exercise of the Congress' broad spending power. United States Supreme Court. Summary:. Please check back later for the full entry. Found inside Page 264South Dakota v. Dole (1987). The federal government mandated the 21-yearold drinking age by threatening to withhold federal highway funds from all states that did not comply. In this case, such withholding was held to be constitutional. south dakota v. dole, secretary of transportation no. See Helvering v. Davis, 301 U.S. 619, 640-641 (1937); United States v. Butler, supra, at 65. See also Ivanhoe Irrigation Dist. But South Dakota also didnt want to lose its federal highway money. _____ On Writ of Certiorari to the United States Court of Appeals 4971 april 28, 1987, argued june 23, 1987, decided prior history: certiorari to the united states court of appeals for the eighth cir-cuit. G We have repeatedly said that Congress may condition grants under the spending power only in ways reasonably related to the purpose of the federal program. 483 U.S. 203. South Dakota v. Dole, 483 U.S. 203, 207 (1987); see also Helvering v. Davis, 301 U.S. 619, 645 (1937) ("The concept of welfare or [its] opposite is shaped by Congress .."). 523.The tribe filed this action in federal district court against the State of South Dakota and several state officials, in their official and personal . If the spending power is to be limited only by Congress' notion of the general welfare, the reality, given the vast financial resources of the Federal Government, is that the Spending Clause gives "power to the Congress to tear down the barriers, to invade the states' jurisdiction, and to become a parliament of the whole people, subject to no restrictions save such as are self-imposed." Annually, about 5,000 youth under age 21 die from motor vehicle crashes, other unintentional injuries, and homicides and suicides that involve underage drinking. Brief for Petitioner 52. . as Amici Curiae: This approach harks back to United States v. Butler, 297 U.S. 1 (1936), the last case in which this Court struck down an Act of Congress as beyond the authority granted by the Spending Clause. 2d 171; 1987 u.s. lexis 2871; 55 u.s.l.w. Prima Paint Corp. v. Flood & Conklin Mfg. Guided by principles set down in South Dakota v. Dole, 483 U.S. 203, 206 (1987), the court noted that the Spending Clause (Art. Found inside Page 2482 Although Gitlow v. New York and South Dakota v. Dole are important cases to understanding federalism, they are not on the listofrequired cases. Marbury v. Madison and McCullochy Maryland however, ARE required cases. 2000).South Dakota v. Dole, 483 U.S., Full title:SOUTH DAKOTA v . Gravity. Berman, Mitchell N., "Getting off the Dole: Why the Court Should Abandon Its Spending Doctrine and How a Too-Clever Congress Could Provoke It to Do So" (2003). v. Midcal Aluminum, Inc., 445 U.S. 97, 110 (1980), that the "Twenty-first Amendment grants the States virtually complete control over whether to permit importation or sale of liquor and how to structure the liquor distribution system," South Dakota asserts that the setting of minimum drinking ages is clearly within the "core powers" reserved to the States under 2 of the Amendment. The level of deference to the congressional decision is such that the Court has more recently questioned whether "general welfare" is a judicially enforceable restriction at all. 2. Found inside Page 34A similar waiver based on federal withholding of funds passed constitutional muster in South Dakota v . Dole . agreement and a couple different points of emphasis with Professor Lemley's very fine summary of the available options . Briefs of amici curiae urging affirmance were filed for the Insurance Institute for Highway Safety et al. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks https://www.quimbee.com/case-briefs-overviewSouth Dakota v. Dole | 483 U.S. 203 (1987)In 1984, Congress passed a law withholding a percentage of federal highway funds from states that didnt enact a minimum drinking age of twenty-one. #27381-a-jmk 2017 s.d. of Oral Arg. Found inside Page 231New York v . United States , 505 U.S. 144 ( 1992 ) . 33. Printz , Sheriff / Coroner , Ravalli County , Montana v . United States ( 1977 ) 34. On grant conditions , see South Dakota v . Dole , 483 U.S. 203 ( 1987 ) ; on partial I, 8, cl. Found inside Page 9092356 See South Dakota v . Dole , 483 U.S. 203 ( 1987 ) ( statute conditioning receipt of highway funds on state minimum drinking age constitutional use of Congress ' spending power ) . 2357 Horwitz v . Zywiczynski ( In re Zywiczynski ) of Transp., 2006 S.D. Found inside Page 362 251; on Feeney Amendment (2003), 6869; on independence ofjudiciary, 1, 299n16; and Spending Clause decision (South Dakota v. Dole [1987]), xi Rehnquist Court (19862005): Actual Constrained Court, 163170, 165f, 182183, 183f; . South Dakota V Dole - The Background of South Dakota v. Dole: South Dakota v. Dole was a landmark Supreme Court case that revolved around federalism and the power of the United States Congress under the Taxing and Spending Clause. Capital Cities Cable, Inc. v. Crisp, 467 U.S. 691, 716 (1984). No. Court recognized in South Dakota v. Dole, 483 U.S. 203 (1987), no longer apply? Found inside Page 168Mellon 1923 upheld conditional federal grants-in-aid and in South Dakota v. Dole in 1987 sanctioned a cross-over sanction reducing federal highway grants-in-aid to states failing to raise the minimum alcoholic beverage purchase age to Among the controlling cases is South Dakota v. Dole (1987), in which the Supreme Court upheld a federal law that threatened states with the loss of five percent of federal highway funds if they . Relying on our statement in California Retail Liquor Dealers Assn. In 1984, Congress enacted 23 U.S.C. 86-260. 2d 171 (1987), and in other cases.5 Under Dole, there are four restrictions on Congress' Constitutional spending South Dakota v. Dole, The Oyez Project; Activity. The Butler Court saw the Agricultural Adjustment Act for what it was an exercise of regulatory, not spending, power. Congress passed legislation limiting highway funding to states by five percent when states did not implement a 21 and older drinking law. Citation483 U.S. 203, 107 S. Ct. 2793, 97 L. Ed. Thus, objectives not thought to be within Article I's "enumerated legislative fields," id., at 65, may nevertheless be attained through the use of the spending power and the conditional grant of federal funds. See id. 2793 5 97 L.Ed.2d 171 7 SOUTH DAKOTA, Petitioner, v. Elizabeth H. DOLE, Secretary, United States Department of Transportation. The district and circuit courts upheld the law. at 58a-61a, and held that any recovery on . While Butler's authority is questionable insofar as it assumes that Congress has no regulatory power over farm production, its discussion of the spending power and its description of both the power's breadth and its limitations remain sound. A South Dakota law permitted persons age nineteen or older to buy beer containing up to 3.2% alcohol. Found inside Page 900MOTOR CARRIER AND SAFETY RELATED CASES Major Litigation Skycab v . Dole - Civil No. Limit ) ( D.C. ) Nevada v . U.S. , Dole , et al , CV - N - 86-318 - ECR ( 55 mph Speed Limit ) ( Nev . ) South Dakota y . Dole , ( Sup . Ct . No. 86-260 supreme court of the united states 483 u.s. 203; 107 s. ct. 2793; 97 l. ed. granted summary judgment to cross-petitioners on peti-tioner's individual-capacity damages claims under RLUIPA, id. Found inside Page 36610. 11. See, e.g., Hill v. Lockhart, 474 U.S. 52 (1985); Santobello v. New York, 404 U.S. 257 (1971); and Brady v. United States, 397 U.S. 742 (1970). But compare United States v. Jackson, 390 U.S. 570 (1968). See South Dakota v. Dole The Court today upholds the National Minimum Drinking Age Amendment, 23 U.S.C. A federal law withheld federal highway funds from states with a drinking age of less than 21 years. South Dakota v. Dole, 483 U.S. 203 (1987), was a case in which the United States Supreme Court considered the limitations that the Constitution places on the authority of the United States Congress when it uses its authority to influence the individual states in areas of authority normally reserved to the states. summary of argument 2 argument 5 . The immense size and power of the Government of the United States ought not obscure its fundamental character. . South Dakota v. Dole Supreme Court of the United States, 1987 483 U.S. 203. South Dakota v. Dole, 483 U.S. 203 (1987) South Dakota v. Dole. Deputy Solicitor General Cohen argued the cause for respondent. v. McCracken, 357 U.S. 275, 295 (1958) (the United States may impose "reasonable conditions relevant to federal interest in the project and to the over-all objectives thereof"); Steward Machine Co. v. Davis, supra, at 590 ("We do not say that a tax is valid, when imposed by act of Congress, if it is laid upon the condition that a state may escape its operation through the adoption of a statute unrelated in subject matter to activities fairly within the scope of national policy and power"). Found inside Page 252South Dakota v. Dole (1987). The federal government mandated the 21-yearold drinking age by threatening to withhold federal highway funds from all states that did not comply. In this case, such withholding was held to be constitutional. Thus, in Fullilove v. Klutznick, 448 U.S. 448 (1980), the Court upheld a condition on federal grants that 10% of the money be "set aside" for contracts with minority business enterprises. 2d 171, 1987 U.S. Brief Fact Summary. Found inside Page 540United States (1932) 149 Souter, David on abortion 330 on gay rights 378 interpretive style of 106 South Carolina v. Katzenbach (1966) 457458 South Dakota v. Dole (1987) 250251 Southern Christian Leadership Conference (SCLC) 88, Pennhurst State School and Hospital v. Halderman, supra, at 17. It remains a Government of enumerated powers. Congress found that the differing drinking ages in the States created particular incentives for young persons to combine their desire to drink with their ability to drive, and that this interstate problem required a national solution. that South Dakota v. Dole, 483 U.S. 203 (1987), applied a In considering whether a particular expenditure is intended to serve general public purposes, courts should defer substantially to the judgment of Congress. South Dakota v. Dole (1987) When Congress passed the National Minimum Drinking Age Act in 1984, it required states to either enforce a legal drinking age of 21, or lose 5 percent of federal funding for highways. 11-400 IN THE Supreme Court of the United States FLORIDA, ET AL., Petitioners, v. DEPARTMENT OF HEALTH AND HUMAN SERVS., ET AL., Respondents. 158 (1982 ed., Supp. Synopsis of Rule of Law. 523. But no such claim can be or is made here. Briefs of amici curiae urging reversal were filed for the State of Colorado et al. The remaining question about the validity of 158 and the basic point of disagreement between the parties is whether the Twenty-first Amendment constitutes an "independent constitutional bar" to the conditional grant of federal funds. Presidential Commission on Drunk Driving, Final Report 11 (1983). See, e.g., Katzenbach v. McClung, 379 U.S. 294 (1964); Wickard v. Filburn, 317 U.S. 111 (1942). . Found inside Page 272Gay Men's Health Crisis v Sullivan ( SD NY ) 733 F Supp 619 , supp op , summary judgment gr ( SD NY ) 792 F Supp 278 . ( SD Ala ) 927 F Supp 1502 , 42 Envt Rep Cas 1673 , 26 ELR 21303 ) ; South Dakota v Dole , 483 US 203 , 97 L Ed south dakota v. DOLE Title 23 U.S.C. South Dakota v. Dole, 483 U.S. 203 (1987). 2004). See also Lau v. Nichols, 414 U.S. 563 (1974) (upholding nondiscrimination provisions applied to local schools receiving federal funds). Found inside Page 33South Dakota v. Dole State (P] v. Federal government (D] 483 U.S. 203 [1987]. Woods v. Cloyd W. Miller Co. FACT SUMMARY: Con gress passed a law withholding federal highway funds to states with a minimum drinking age of less than 21 158 (1982 ed., Supp. 3South Dakota v. Dole, 483 U.S. 203, 207 (1987). South Dakotas minimum drinking age was nineteen, and the state didnt want to raise it. Found inside Page 252Jo Although Gitlow v. New York and South Dakota v. Dole are important cases to understanding federalism, they are not on the listofrequired cases. Marbury v. Madisomand McCulloch v. Maryland however, ARE required cases. holding that Congress is authorized, under its spending power, to place conditions on federal funds as long as the conditions are related to the general welfare and the purpose of the federal program, unambiguous, and not "so coercive as to pass the point at which 'pressure turns into compulsion'" (quoting Steward Mach. Section 158, petitioner claims, usurps that core power. Petitioner South Dakota permits persons 19 years of age or older to purchase beer containing up to 3.2% alcohol. The United States Congress passed the National Minimum Drinking Age Act, which was designed to discourage individual states from lowering. Found inside Page 9092356 See South Dakota v . Dole , 483 U.S. 203 ( 1987 ) ( statute conditioning receipt of highway funds on state minimum drinking age constitutional use of Congress ' spending power ) . 2357 Horwitz v . Zywiczynski ( In re Zywiczynski ) Found inside Page 31It also provides for increased criminal South Dakota v Dole 21 - year old drinking age . In these cases , the governPassenger car standards for 1986 through 1988 were ment filed motions to dismiss or for summary judgment . amended 158 (1982 ed., Supp. No. Petitioner contends that the coercive nature of this program is evident from the degree of success it has achieved. by Thomas F. Campion and Michael J. Faigen. South Dakota, which permits persons 19 years old or older to purchase beer containing up to 3.2% alcohol, sued in Federal District Court for a declaratory judgment that 158 violates the constitutional limitations on congressional exercise of the spending power under Art. National Federation of Independent Business v. Sebelius and Notes, CB pp. I therefore dissent. The fact that the Twenty-first Amendment is crucial to the State's argument does not, therefore, amount to a concession that the condition imposed by 158 is reasonably related to highway construction. Second, we have required that if Congress desires to condition the States' receipt of federal funds, it "must do so unambiguously . x 23 1. The Spending Power as a Regulatory Device, CB pp. 1, of the Constitution and violates the Twenty-first Amendment. v. United States, 505 U. S. 144, 178. Fullilove v. Klutznick, 448 U.S. 448, 474 (1980) (opinion of Burger, C. Found inside Page 497Case Name Case Citation and Date Author of Court's Opinion Case Summary South Carolina v. Katzenbach 383 U.S. 301 (1966) South Dakota v. Dole 483 U.S. 203 (1987) Standard Oil v. United States 221 U.S. 1 (1911) Stanford v. Created by. Title 23 U.S.C. United States v. Butler, supra, at 78. of Educ. Brief for Petitioner 43-44. Congress passed a law withholding federal highway funds to sta. On Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit. In its 1987 decision in South Dakota v. Dole, which arguably remains the leading case regarding the use of the federal government's conditional spending power, the Court held that legislation enacted pursuant to the Spending Clause must be in pursuit of the "general welfare." In addition, the Dole Court held that any conditions attached . Want more details on this case? As a result the PCDD (President's Commission Against Drunk Driving) was established to make recommendations to lower . South Dakota . In 1988, Wyoming was the last state to raise its minimum drinking age to 21. As a consequence, Congress can use its Spending . CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Section 2 of the Twenty-first Amendment provides: "The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.". But the Court found that the condition could be justified as a valid regulation under the commerce power and 5 of the Fourteenth Amendment. On Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit The error in Butler was not the Court's conclusion that the Act was essentially regulatory, but rather its crabbed view of the extent of Congress' regulatory power under the Commerce Clause. The Court has held that Congress' power " "to authorize expenditure of public moneys for public purposes is not limited by the direct grants of legislative power found in the Constitution.' " South Dakota v. Dole, 483 U. S. 203, 207 (1987) (quoting United States v. Butler, 297 U. S. 1, 66 (1936)). 2006). Rule of Law and Holding. 57. The decision signaled the Court's acceptance of a broad . Found inside Page 304See , for example , South Dakota v . Dole , 483 U.S. 203 ( 1987 ) . Tort Reform Association , Tort Reform Record , December 2003 , www.atra.org/files.cgi/7668_Record12-03.pdf , for a summary of state reforms enacted since 1986 . There is a clear place at which the Court can draw the line between permissible and impermissible conditions on federal grants. Found insideSee Hess and Petrilli (2006) for a brief summary of safe harbour. 11 See, for example, the US. Supreme Court decision in South Dakota v. Dole (1987), which upheld federal requirements that states raise their drinking ages to twenty-one Found inside Page 170 in South Dakota v. Dole, 483 U.S. 203 (1987) no longer apply? The answer seems obvious. The brief then discusses the identity of the parties, lists the legal authorities cited in the brief, provides a summary of the dispute, The Supreme Court of the United States decided that Congress, when applying its taxing and spending clauses, was not violating the 21st Amendment of the United States Constitution. Michael Cody of Tennessee, Jeffrey L. Amestoy of Vermont, and Joseph B. Meyer of Wyoming; for the Mountain States Legal Foundation et al. Found inside Page viiBaker South Dakota v. Dole sovereign immunity speedy trial Standard Oil Co. of New Jersey v. rights of student searches substantive due process summary judgment Supreme Court and foreign policy Supreme Court and the constitutional . BRENNAN, J., post, p. 212, and O'CONNOR, J., post, p. 212, filed dissenting opinions. Art. 158 (1982 ed., Supp. 158 (1982 ed., Supp. Id., at 143. Did Congress exceed its spending powers, or violate the Twenty. by Anthony J. Celebrezze, Jr., Attorney General of Ohio, William Damsel and Shawn H. Nau, Assistant Attorneys General, Joel S. Taylor, and Nancy J. Miller, joined by the Attorneys General for their respective States as follows: Duane Woodard of Colorado, Warren Price III of Hawaii, Robert T. Stephan of Kansas, William J. Guste, Jr., of Louisiana, Mike Greely of Montana, T. Travis Medlock of South Carolina, W.J. Brief for Petitioner 52-53. DOLE, SECRETARY OF TRANSPORTATION, holding that Congress may attach conditions to the receipt of federal funds, Argued April 28, 1987 Decided June 23, 1987. Found inside Page 291Case Issue Summary of Decision Rostker v. The oddly shaped district in North Carolina was a racial gerrymander. Smith v. South Dakota v. Dole (1987) Federalism Upheld a statute that required states to raise their The spending power is of course not unlimited, Pennhurst State School and Hospital v. Halderman, 451 U.S. 1, 17, and n. 13 (1981), but is instead subject to several general restrictions articulated in our cases. III), as a valid exercise of the spending power conferred by Article I, 8. Case Name: South Dakota v. Dole (1987) - Federal Grant Conditions (pg.245-248) Rule of Law: Federal funds can be conditional under the spending power and contingent on the following: General welfare Conditions are unambiguous Related to the federal interest and particular project or program Conditions do not violate any other constitutional provision i.e. Were South Dakota to succumb to the blandishments offered by Congress and raise its drinking age to 21, the State's action in so doing would not violate the constitutional rights of anyone. 158 (1982 ed., Supp. I, 8, cl. It is over-inclusive because it stops teenagers from drinking even when they are not about to drive on interstate highways. The Spending Power of Congress has three general restrictions: (1) the spending power must be used [] (b) Section 1396c gives the Secretary of Health and Human Services the authority to penalize States that choose not to participate in the Medicaid expansion by taking away their existing Medicaid funding. Cf. The State contended that an order under this provision to withhold certain federal funds unless a state official was removed invaded its sovereignty in violation of the Tenth Amendment. With him on the briefs was Craig M. Eichstadt, Assistant Attorney General. That being said, the Supreme Court of the United States did not find Congress to run afoul of the Tenth or Twenty-First Amendment when enacting the National Minimum Drinking Age Act. J.). Argued April 28, 1987. By enacting 158, Congress conditioned the receipt of federal funds in a way reasonably calculated to address this particular impediment to a purpose for which the funds are expended.

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