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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?
  • No, because it is not related to the purpose of the grant.
  • No, because it is 'unduly coercive' under the Sebelius standard.
  • Yes, because it is clearly stated, relates to the federal interest in safe highways, and is not 'unduly coercive.'βœ”οΈ
  • Yes, because Congress has absolute power to condition any federal funds for any reason.
Correct Answer Explanation
Under South Dakota v. Dole, Congress may use the spending power to 'encourage' states as long as: 1) it’s for the general welfare, 2) conditions are unambiguous, 3) it relates to a federal program/interest, and 4) it’s not 'coercive' (usually meaning it doesn't represent a massive percentage of the state's entire budget).