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Spending Clause (view source)

Revision as of 17:39, December 27, 2015

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The '''Spending Clause''' is Article I, Section 8, clause 1 of the [[U.S. Constitution]], which establishes that:
{{cquote|The Congress shall have Power ... to pay the Debts and provide for the common Defence and general Welfare of the United States.}}
Accordingly, the Spending Clause should be limited to "the common Defence and general Welfare," when in fact it has been construed as almost unlimited in scope since the [[New Deal]] era.

In ''[[South Dakota v. Dole]]'' (1987), the [[U.S. Supreme Court]] established a four-part test for whether a ''condition'' imposed by Congress on spending (whether a state raised its minimum drinking age to 21) was constitutional under the Spending Clause. Justices [[William Brennan]] and [[Sandra Day O'Connor]] dissented.
==References==
<references/>

==See Also==

*[[Negative Commerce Clause]]
*[[Supremacy Clause]]
*[[Necessary and Proper Clause]]
*[[General Welfare Clause]]

[[Category:United States Constitution]]
[[Category:United States Government]]
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