Taxing and Spending Flashcards
1
Q
Taxing and Spending Power of Congress
A
Congress may spend to provide for the common defense and the general welfare. This spending may be for any public purpose, not merely the accomplishment of other enumerated powers. Under this power, Congress may regulate states by imposing explicit conditions on the grant of money to state or local governments. Such conditions will not violate the Tenth Amendment merely because Congress lacked the power to directly regulate the activity that is the subject of the spending program as long as the conditions are:
1. clearly stated
2. related to the purpose of the program, and
3. not unduly coercive.
Regulation must be rationally related to a government purpose.
