Back to Questions
US Federal Constitution
QUESTION #5816
Question 1
The federal government grants a state \$10 billion for highway construction, but only on the condition that the state raises its minimum drinking age to 21. The state challenges this as unconstitutional 'coercion' under the Tenth Amendment. Is the condition valid?
Correct Answer Explanation
Under South Dakota v. Dole, Congress may use the spending power to 'encourage' states as long as: 1) itβs for the general welfare, 2) conditions are unambiguous, 3) it relates to a federal program/interest, and 4) itβs not 'coercive' (usually meaning it doesn't represent a massive percentage of the state's entire budget).
Sign in to join the conversation and share your thoughts.
Log In to Comment