Legislative Branch

Question 1

South Dakota v Dole (1987)

Answer 1

Withholding of federal highway funds to states that allow lower drinking ages.
Rule: Non-coercive financial incentives by Congress are a Constitutional exercise of the taxing and spending power.

Question 2

The South Dakota v Dole Test

Answer 2

1) Has to be clear what the condition applies
2) The condition on the federal grant must be related to the government’s interest in the particular program.
3) There cant be an independent constitutional bar.

Question 3

3 Theories to the exercise of the Commerce Power

Answer 3

1) Channels of Commerce
2) Shreveport Case
3) Substantial Effects Test

Question 4

Shreveport Case

Answer 4

Congress can regulate intrastate commerce when it affects interstate commerce