Conditional Federal Spending and the States "Free Exercise" of the Tenth Amendment

This article will examine Congress' power under the Spending Clause, and will seek to determine whether, by using its spending power, Congress can constitutionally impose a "free exercise" condition on States and local governments. Part II discusses federalism and the Court's "free exercise" clause jurisprudence. Part III addresses the substance of the proposed RLPA. Parts IV and V examine the Court's shifting posture towards the Spending Clause and federalism respectively.

Part VI contrasts the broad provisions of the RLPA, with the more narrow conditions found in the Equal Access Act. Finally, Part VII concludes that enactment of the proposed RLPA would constitute an unconstitutional commandeering of state police power.