NCJ Number
116394
Journal
Northern Kentucky Law Review Volume: 16 Issue: 1 Dated: (1988) Pages: 1-16
Date Published
1988
Length
16 pages
Annotation
The 1987 United States Supreme Court decision that Congress may force States to raise the legal drinking age or risk significant loss of Federal highway funds is the most recent example of the growing use of conditions on Federal support and raises several kinds of constitutional concerns.
Abstract
This technique dates back at least as far as 1921, but its use appears to have been growing in recent years. It is a source of concern because it represents a possible way of circumventing the process for amending the Constitution, may discourage variety and innovation in individual States, and could engender a climate in which opposition to Federal uniformity seems pointless. Thus, it could increase Federal power over State government organization and structure and gives the Federal government increased influence over State legislation. However, the Federal government's use of funding conditions on States probably cannot threaten the rights and liberties of individual citizens, just as the government currently cannot use such conditions directly against citizens in ways that violate constitutional liberties. 54 footnotes.