The third could be controversial because you would need to pick a particular fund to tie it to Dragon Ball Nike Goku Shirt. And even then, it isn’t clear the executive branch could do that under any of their discretionary powers, I think it would have to come from Congress. The fifth could be a problem if it was tied to all of Medicaid funding, for instance. Basically, it just says not to hold too much of the money back, if I’m reading it right. Even so, there’s no guarantee that they could effectively force states to enact their own mandates via Spending Clause authority.
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Both because states may choose to just tell Dragon Ball Nike Goku Shirt Congress to fuck off, and because there’s dubious constitutional authority there depending on how said the budgetary authority is exercised. That’s a tricky path to navigate as seen in NFIB v. Sebelius. You tie it directly to the provision of emergency funds for COVID. Honestly the fact that states were allowed to declare states of emergency and loosen restrictions is insane. In South Dakota v. Dole, the 5-part test applied by the court includes a rule that “the condition must not be coercive”. The ransoming of emergency funds in the midst of a global pandemic is almost certainly “coercive”.
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