TN Bar Practice Questions - Tennessee Bar Examination Exam

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Congress passes a statute under its spending power conditioning a state's receipt of federal highway funds on the state raising its drinking age to 21. A state argues the condition is unconstitutional. Under South Dakota v. Dole, is the condition valid?

No, Congress may never attach conditions to federal funds Yes, if the condition is unambiguous, relates to the federal interest, does not violate other constitutional provisions, and is not coercive No, because the Twenty-First Amendment gives states exclusive control Yes, because Congress has unlimited spending power

Correct Answer:

Yes, if the condition is unambiguous, relates to the federal interest, does not violate other constitutional provisions, and is not coercive

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