Wednesday, December 14, 2005

I found it, FAIR

So a ways back on fishfrog, there was discussion of FAIR and I remembered that there was some funky federalism issue in tying funds to something. I found a reference to the argument in O'Connor's dissent to So. Dakota v Dole (approving the withholding of highway funds unless the state raised its drinking age). From Massachusetts v US, 435 US at 461, there's a limit to this that the conditions imposed must be reasonably related to the purpose of the expenditure.

How does FAIR beat that one, huh? How are federal grants for research in education related to military recruiting? Huh?

Plus, there's another limit worth mentioning, that the financial inducement offered by Congress must not be so coercive as to turn "pressure into compulsion." From Steward Machine Co v Davis, 301 US at 590.

Take that, Rummy!

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