Taxing and Spending Clause

Question 1

SD v. Dole (4 Part Test)

Answer 1

1. Is spending program in General Welfare?
   a. General Welfare is whatever Congress says it is.
2. Did Congress clearly state the condition so States can make inform decision to take $ or not?
3. The Spending program (condition) has to be related to the federal program. (Condition)
4. Cannot be unconstitutional. (Congress cannot induce states to do acts that would be unconstitutional)
   a. Usually individual rights & Bill of Rights But related to separation of powers too.