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> federal laws ... use funding carrots rather than criminal-punishment sticks There are limits to this, some of which are set out in South Dakota v. Dole, 483
by rocqua 8y ago
> federal laws ... use funding carrots rather than criminal-punishment sticks
There are limits to this, some of which are set out in South Dakota v. Dole, 483 U.S. 203 (1987). These limits (quoting wikipedia) are:
* The spending must promote "the general welfare."
* The condition must be unambiguous.
* The condition should relate "to the federal interest in particular national projects or programs."
* The condition imposed on the states must not, in itself, be unconstitutional.
* The condition must not be coercive.
Especially the last condition is relevant. It means the withdrawal of funding cannot be so harsh as to be clearly funding. I believe the actual wording used is that the threat of withdrawal cannot be a 'gun to the head' of the states.
- arwineap 8y agoDo you have a background in law? Reading through this comment thread is very interesting, I just can't help but try to understand how so many geeks are so well versed in case law :)
- chasontherobot 8y agoThe law is just a programming language for government, thus a lot of programmers are attracted to it.
- AnimalMuppet 8y agoEspecially since we see the government in need of debugging, but we don't see the cause of the bugs in the source code...
- rocqua 8y agoNot in the slightest, I recall hearing about this on the "What can trump teach us about con-law" (constitutional law). I don't even live in america, but the system is interesting and rather well represented in the media. Few countries are as attached to their constitution as the US.