Federal Funding as a Jawbone

Federal Funding as a Jawbone

As every first year law student learns, the spending clause is a significant source of federal power. Because Congress can spend money on programs that would otherwise fall outside the enumerated list of powers in Article I, Congress can use grants and subsidies to significantly increase its regulatory reach. As every first year law student also learns, however, this broad power cannot be used to obliterate all other constitutional constraints on