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Congress 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 rea
by Kalium 8y ago
Congress 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.