ND Bar Practice Questions - North Dakota Bar Examination Exam

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Congress conditions a state's receipt of certain federal highway funds on the state raising its minimum drinking age to 21. A state argues the condition is coercive. Under the Spending Clause framework of South Dakota v. Dole, which factor is NOT among the requirements for a valid conditional spending program?

The state must affirmatively consent by referendum of its voters The condition must relate to the federal interest in the program The condition must be unambiguous so states know the terms The condition must not be so coercive as to compel acceptance

Correct Answer:

The state must affirmatively consent by referendum of its voters

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