RockyTop85
Well-Known Member
- Joined
- Dec 5, 2011
- Messages
- 13,135
- Likes
- 7,100
Serious answer:Serious question: Is the President bound to spend money Congress has earmarked?
And serious question: Is this the first time federal moneys have gone to localized governments with strings attached?
Congressional spending power has been used as a cudgel, before. It’s how we got the national speed limit and the minimum drinking age.
Unsurprisingly, the minimum drinking age was challenged in court. In South Dakota v. Dole, SCOTUS announced a multi-part test for when this use of the spending power is appropriate. I think there were 4 parts. The two that I remember are:
1. that the action sought to be compelled is not otherwise unconstitutional. So Congress cannot force the state to try defendants without due process, for example.
2. that the use of the power cannot be coercive, which basically boils down to how much money they’re losing and whether there’s a rational relation between the funds and the action sought, although I may be mashing up two of the criteria. Obviously it’s trivial knowledge and not something I mess with on the daily.
In all seriousness, I would think a similar standard would apply to this action with an additional factor to determine whether the executive has the authority to act in this manner.