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View Diary: SCOTUS Gets It Right on Military Recruiting (212 comments)

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  •  More limits than that (none)
    from Justice O'Connor's dissent in South Dakota v. Dole, 483 U.S. 203 (1987):

    "...there are four separate types of limitations on the spending power: the expenditure must be for the general welfare, Helvering v. Davis, 301 U.S. 619, 640-641 (1937), the conditions imposed must be unambiguous, Pennhurst State School and Hospital v. Halderman, 451 U.S. 1, 17 (1981), they must be reasonably related to the purpose of the expenditure, Massachusetts v. United States, supra, at 461, and the legislation may not violate any independent constitutional prohibition, Lawrence County v. Lead-Deadwood School Dist., 469 U.S. 256, 269-270 (1985)."

    (Completely OT, but Brennan, J.'s dissent theory in the above quoted case is part of his 'no titties and beer' theory of the 21st Amendment as abrogating prior Amendments' limitations on state powers in the regulation of alcohol.  Key to this was Brennan's desire to protect as justicable rights the power of the states to guarantee liberties above and beyond Federal rights to their residents, a state's rights position that would have flown in the face of Dale v. Scouts. Check out this article for Brennan's theories about positive use of state's rights:Brennan, J.,  State Constitutions and the Protection of Individual Rights, 90 Harv.L.Rev. 489 (1977).

    Might and Right are always fighting In our youth it seems exciting. Right is always nearly winning. Might can hardly keep from grinning. -Clarence D

    by Myrkury on Mon Mar 06, 2006 at 08:10:20 PM PST

    [ Parent ]

    •  Hah! (none)
      I can't believe you quoted Lawrence County... we just discussed that opinion in class today.

      That sounds like a fascinating article and I will give it a look.

      •  If the subject piques your interest (none)
        Check out the series of comments on the States' Constitutions and their judicial interpretations edited by Alan Tarr.
        link

        Might and Right are always fighting In our youth it seems exciting. Right is always nearly winning. Might can hardly keep from grinning. -Clarence D

        by Myrkury on Mon Mar 06, 2006 at 09:05:41 PM PST

        [ Parent ]

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