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Taxation Spending Clause

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Taxation and Spending Clause The issue is whether the proposed legislation is permissible under the Taxation and Spending Clause as these objectives cannot be accomplished under the Commerce Clause. Congress’s ability to “lay and collect” taxes originates from Article §8 (1) of the Constitution. It further states that Congress “shall have the power to...pay the debts and provide for common defense and general of United States.” Congress once had broad authority when applying this clause to issues that concerned the nation’s general welfare. In US v. Butler (1936), the Court stated though Congress has expansive power to use “public monies for public purposes,” but there are limitations. It is within Congress’s right to impose a condition on …show more content…

South Dakota v Dole (1987). First, the condition must be for the nation’s general welfare and the Court should grant extensive deference to Congress. Second, Congress must explicitly inform States of the condition so that States “exercise their choice knowingly, cognizant of the consequences of their participation.” Third, the condition must be related to federal interests (rational basis test). The conditions must be related to the legislation. For example, in Dole, the under twenty-one drinking limit was related to highway funding. Lastly, the conditions can not violate any affirmative limitation on congressional …show more content…

Next, the condition appears to be explicit because Congress makes it clear the federal funds that will be used to provide civics education in public schools is conditioned upon States amending existing legislation that requires “corporations publish their campaign contributions and expenditures in Federal” and possible State elections (if they apply for additional funding). Thirdly, finding the connection between funding civics education in public schools and publishing corporate campaign donations seems like a far reach. Though it is possible that if the information is published, those students that received a civic education will become more cognizant citizens that would use the campaign donations information to make an informed voting decision. Those individuals become aware of moneys candidates, campaigns and PACs are receiving from corporations and may opt not to vote for fear of corruption. I would need additional facts to know where and how the published information can be found, as well as where would this type of information be added to the civics curriculum so that students are aware of its existence. However, it does not seem that the civics public school education and publishing corporate donations are rationally related. Lastly, there does not seem to a

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