Spending Power Flashcards
1
Q
Where does the spending power come from?
A
-It is an enumerated power
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
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)