Dole

[Michael McConnell]

David Bernstein writes:

Wasn't it salient in Dole that the states were going to lose (if I recall
correctly) only  5% of their highway funds if they disobeyed the feds?  How
serious could the Court take South Dakota's claim that its soverignty was
being infringed if the state wasn't willing to forgo such a small amount of
money?

This is a good point. If Dole simply stands for the proposition that there
is a de minimus exception to the general rule against unconstitutional
conditions, it would not be a big deal.

-- Michael McConnell