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That always seemed wrong to me, isn't politics about the separation of powers, why do we allow them to exert control like that?
by d0lph 8y ago
That always seemed wrong to me, isn't politics about the separation of powers, why do we allow them to exert control like that?
- dsfyu404ed 8y agoBecause most people look the other way when it's something they agree with.
- Kalium 8y agoCongress has the power of controlling funding they choose to hand out, and this doesn't meet the test of being "irresistibly coercive" to states. And states really want that highway funding...
- d0lph 8y agoWouldn't you expect to see some states to not comply then? Interesting case law the above poster is referencing I think: https://en.wikipedia.org/wiki/South_Dakota_v._Dole https://en.wikipedia.org/wiki/South_Dakota_v._Dole Notably one of the dissenting judges said this: "establishment of a minimum drinking age of 21 is not sufficiently related to interstate highway construction to justify so conditioning funds appropriated for that purpose." It did however pass the supreme court at 7-2.
- Kalium 8y ago> Wouldn't you expect to see some states to not comply then? Not necessarily. Pretty much every state had to ask themselves the same question: "Do we care more about highway funding or the very small number of people 18-21 who vote?" It's actually a very easy question in political calculus terms.
- gowld 8y agoIt's still clearly bad law, a ruling that's more based in the power politics of Legistative vs Judiciary, and Federal vs State, than it is about logic of Constitutional analysis.
- dragonwriter 8y ago> isn't politics about the separation of powers No. Our political system involves some specific separations of powers, but politics is not fundamentally about thst.
- d0lph 8y agoI think it's a fundamental principle, but definitely not the only one. For example it is also a monopoly on violence.