Spending Power

Question 1

Where does the spending power come from?

Answer 1

-It is an enumerated power

Question 2

South Dakota v. Dole

Answer 2

• Highway funds allocation drinking age 21
• Test for spending:
  1. Pursuant to general welfare (judgement of Congress)
  2. Condition Federal funds unambiguously
  3. MIGHT be illegitimate if unrelated to Fed. interest

Question 3

NFIB v. Sebelius (Medicaid)

Answer 3

• ACA case, medicaid piece
• Court holds that this is regulation, not spending, because it is a condition on a separate program (court considers old Medicaid separate from new Medicaid)