Spending Power Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Where does the spending power come from?

A

-It is an enumerated power

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2
Q

South Dakota v. Dole

A
  • 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
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3
Q

NFIB v. Sebelius (Medicaid)

A
  • 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)
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