Difference between revisions of "Spending Clause"
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The '''Spending Clause''' is Article I, Section 8, clause 1 of the [[U.S. Constitution]], which establishes that: | 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.}} | + | {{cquote|<br>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. | 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. | ||
Revision as of 23:54, February 27, 2016
The Spending Clause is Article I, Section 8, clause 1 of the U.S. Constitution, which establishes that:
| “ | 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