TheFutureLawyer wrote:Oh just fucking kill me already. I've been explained this, but can never really understand it.
CON LAW Q:
In Dole, SCOTUS listed 5 limits of the spending power. One of them is the "independent constitutional bar." Does that just mean that law passed under spending power can't expressly violate another con clause? Is that what I put on my test: No other clause expressly prohibits...?
yes. for instance, in Dole, if the court found that the conditional spending amounted to federal regulation of the drinking age, it'd arguably be prohibited by the 21st amendment. this also means that congress can't use the spending power to induce states to do things like pass unconstitutional laws.