Conditional Federal Spending as a Regulatory Device

In this Article, Professor Rosenthal notes that the federal spending power is an important tool for shaping our economy, our government, and our society. However, government money is often used to induce or deter conduct by imposing certain restrictions on its receipt. The questions arises of what are the tests for the constitutionality of conditional spending. The author points out that there has not been a single case in which conditional federal spending has been declared invalid by the Supreme Court.

He discusses two Supreme Court cases on the topic of government spending. Due to the importance of the topic and the little attention it has received, the author advocates the formulation of satisfactory principles in order to maintain proper constitutional balance.