| > 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. |
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 :)