south dakota dole argued april decided june title supp iii directs secretary transportation withhold percentage otherwise allocable federal highway funds purchase public possession alcoholic beverage person less years age lawful south dakota permits persons years old older purchase beer containing alcohol sued federal district declaratory judgment violates constitutional limitations congressional exercise spending power art cl constitution violates amendment district rejected state claims appeals affirmed held even congress view amendment might lack power impose directly national minimum drinking age question decided indirect encouragement state action obtain uniformity drinking ages valid use spending power pp incident spending power congress may attach conditions receipt federal funds however exercise power subject certain restrictions including must pursuit general welfare section consistent restriction since means chosen congress address dangerous situation interstate problem resulting incentive created differing state drinking ages young persons combine drinking driving reasonably calculated advance general welfare section also consistent spending power restrictions congress desires condition receipt federal funds must unambiguously enabling exercise choice knowingly cognizant consequences participation conditions federal grants must related national concern safe interstate travel pp invalidated spending power limitation conditional grant federal funds must independently barred constitutional provisions amendment limitation prohibition indirect achievement objectives congress empowered achieve directly instead means power may used induce engage activities unconstitutional south dakota succumb congress blandishments raise drinking age action violate anyone constitutional rights moreover relatively small financial inducement offered congress resulting state loss federal funds otherwise obtainable certain highway grant programs coercive pass point pressure turns compulsion pp rehnquist delivered opinion white marshall blackmun powell stevens scalia joined brennan post post filed dissenting opinions roger tellinghuisen attorney general south dakota argued cause petitioner briefs craig eichstadt assistant attorney general deputy solicitor general cohen argued cause respondent brief solicitor general fried assistant attorney general willard andrew pincus leonard schaitman robert zener briefs amici curiae urging reversal filed state colorado et al anthony celebrezze attorney general ohio william damsel shawn nau assistant attorneys general joel taylor nancy miller joined attorneys general respective follows duane woodard colorado warren price iii hawaii robert stephan kansas william guste louisiana mike greely montana travis medlock south carolina michael cody tennessee jeffrey amestoy vermont joseph meyer wyoming mountain legal foundation et al hal stratton attorney general new mexico constance brooks casey shpall national conference state legislatures et al benna ruth solomon beate bloch larry simms national beer wholesalers association et al barrett prettyman john roberts john stasiowski phillip macdonnell et al morton siegel michael moses richard schoenstadt james webster briefs amici curiae urging affirmance filed insurance institute highway safety et al andrew hricko michele mcdowell fields ronald precup national council alcoholism et al charles walker iii national safety council harry rosenfield senator frank lautenberg et al thomas campion michael faigen chief justice rehnquist delivered opinion petitioner south dakota permits persons years age older purchase beer containing alcohol codified laws congress enacted supp iii directs secretary transportation withhold percentage federal highway funds otherwise allocable purchase public possession alcoholic beverage person less years age lawful state sued district seeking declaratory judgment violates constitutional limitations congressional exercise spending power violates amendment constitution district rejected state claims appeals eighth circuit affirmed parties direct efforts defining proper scope amendment relying statement california retail liquor dealers assn midcal aluminum amendment grants virtually complete control whether permit importation sale liquor structure liquor distribution system south dakota asserts setting minimum drinking ages clearly within core powers reserved amendment brief petitioner section petitioner claims usurps core power secretary response asserts amendment simply implicated plain language confirms broad power impose restrictions sale distribution alcoholic beverages confer power permit sales congress seeks prohibit brief respondent amendment reasoning prevent congress affirmatively enacting national minimum drinking age restrictive provided various state laws follow fortiori indirect inducement involved compatible amendment arguments present questions meaning amendment bounds escaped precise definition bacchus imports dias craig boren despite extended treatment question parties however need decide case whether amendment prohibit attempt congress legislate directly national minimum drinking age congress acted indirectly spending power encourage uniformity drinking ages explain find legislative effort within constitutional bounds even congress may regulate drinking ages directly constitution empowers congress lay collect taxes duties imposts excises pay debts provide common defence general welfare art cl incident power congress may attach conditions receipt federal funds repeatedly employed power broad policy objectives conditioning receipt federal moneys upon compliance recipient federal statutory administrative directives fullilove klutznick opinion burger see lau nichols ivanhoe irrigation dist mccracken oklahoma civil service steward machine davis breadth power made clear butler resolving longstanding debate scope spending clause determined power congress authorize expenditure public moneys public purposes limited direct grants legislative power found constitution thus objectives thought within article enumerated legislative fields may nevertheless attained use spending power conditional grant federal funds spending power course unlimited pennhurst state school hospital halderman instead subject several general restrictions articulated cases first limitations derived language constitution exercise spending power must pursuit general welfare see helvering davis butler supra considering whether particular expenditure intended serve general public purposes courts defer substantially judgment congress helvering davis supra second required congress desires condition receipt federal funds must unambiguously enabl ing exercise choice knowingly cognizant consequences participation pennhurst state school hospital halderman supra third cases suggested without significant elaboration conditions federal grants might illegitimate unrelated federal interest particular national projects programs massachusetts plurality opinion see also ivanhoe irrigation dist mccracken supra federal government may establish impose reasonable conditions relevant federal interest project objectives thereof finally noted constitutional provisions may provide independent bar conditional grant federal funds lawrence county school buckley valeo per curiam king smith south dakota seriously claim inconsistent first three restrictions mentioned readily conclude provision designed serve general welfare especially light fact concept welfare opposite shaped congress helvering davis supra congress found differing drinking ages created particular incentives young persons combine desire drink ability drive interstate problem required national solution means chose address dangerous situation reasonably calculated advance general welfare conditions upon receive funds moreover clearly stated congress see supp iii state rather challenging germaneness condition federal purposes admits never contended congressional action unrelated national concern absence amendment brief petitioner indeed condition imposed congress directly related one main purposes highway funds expended safe interstate travel see goal interstate highway system frustrated varying drinking ages among presidential commission appointed study accidents fatalities nation highways concluded lack uniformity drinking ages created incentive drink drive young persons commut border drinking age lower presidential commission drunk driving final report enacting congress conditioned receipt federal funds way reasonably calculated address particular impediment purpose funds expended remaining question validity basic point disagreement parties whether amendment constitutes independent constitutional bar conditional grant federal funds lawrence county school supra petitioner relying view amendment prohibits direct regulation drinking ages congress asserts congress may use spending power regulate prohibited regulating directly amendment brief petitioner cases show independent constitutional bar limitation spending power kind petitioner suggests butler supra example established constitutional limitations congress exercising spending power less exacting authority regulate directly also held perceived tenth amendment limitation congressional regulation state affairs concomitantly limit range conditions legitimately placed federal grants oklahoma civil service considered validity hatch act insofar applied political activities state officials whose employment financed whole part federal funds state contended order provision withhold certain federal funds unless state official removed invaded sovereignty violation tenth amendment though finding concerned power regulate local political activities state officials nevertheless held federal government power fix terms upon money allotments shall disbursed found violation state sovereignty state adopt simple expedient yielding urges federal coercion offer benefits state dependent upon cooperation state federal plans assumedly general welfare unusual citation omitted see also steward machine davis condition state free pleasure disregard fulfill massachusetts mellon cases establish independent constitutional bar limitation spending power petitioner suggests prohibition indirect achievement objectives congress empowered achieve directly instead think language earlier opinions stands unexceptionable proposition power may used induce engage activities unconstitutional thus example grant federal funds conditioned invidiously discriminatory state action infliction cruel unusual punishment illegitimate exercise congress broad spending power claim made south dakota succumb blandishments offered congress raise drinking age state action violate constitutional rights anyone decisions recognized circumstances financial inducement offered congress might coercive pass point pressure turns compulsion steward machine davis supra however congress directed state desiring establish minimum drinking age lower lose relatively small percentage certain federal highway funds petitioner contends coercive nature program evident degree success achieved conclude however conditional grant federal money sort unconstitutional simply reason success achieving congressional objective consider moment south dakota lose adheres chosen course suitable minimum drinking age funds otherwise obtainable specified highway grant programs argument coercion shown rhetoric fact said half century ago steward machine davis rebate tax conditioned upon conduct measure temptation hold motive temptation equivalent coercion plunge law endless difficulties outcome doctrine acceptance philosophical determinism choice becomes impossible till law guided robust common sense assumes freedom working hypothesis solution problems affirmed footnotes level deference congressional decision recently questioned whether general welfare judicially enforceable restriction see buckley valeo per curiam cases required define outer bounds germaneness relatedness limitation imposition conditions spending power amici urge take occasion establish condition federal funds legitimate relates directly purpose expenditure attached see brief national conference state legislatures et al amici curiae petitioner sought restriction see tr oral arg find limitation conditional federal grants satisfied case event address whether conditions less directly related particular purpose expenditure might outside bounds spending power justice brennan dissenting agree justice regulation minimum age purchasers liquor falls squarely within ambit powers reserved amendment see post since possess constitutional power congress condition federal grant manner abridges right amendment strikes proper balance federal state authority therefore dissent justice dissenting today upholds national minimum drinking age amendment supp iii valid exercise spending power conferred article condition spending reasonably related expenditure federal funds justified ground rather attempt regulate sale liquor attempt lies outside congress power regulate commerce falls within ambit amendment disagreement relatively narrow spending power issue disagreement application principle rather disagreement principle agree congress may attach conditions receipt federal funds federal interest particular national projects programs massachusetts see oklahoma civil service steward machine davis also subscribe established proposition reach spending power limited direct grants legislative power found constitution butler finally agree four separate types limitations spending power expenditure must general welfare helvering davis conditions imposed must unambiguous pennhurst state school hospital halderman must reasonably related purpose expenditure massachusetts supra legislation may violate independent constitutional prohibition lawrence county school ante insofar two limitations concerned clearly correct wholly unobjectionable establishment national minimum drinking age certainly fits within broad concept general welfare statute entirely unambiguous also willing assume arguendo amendment constitute independent constitutional bar spending condition see ante application requirement condition imposed reasonably related purpose funds expended cursory unconvincing repeatedly said congress may condition grants spending power ways reasonably related purpose federal program massachusetts supra ivanhoe irrigation dist mccracken may impose reasonable conditions relevant federal interest project objectives thereof steward machine davis supra say tax valid imposed act congress laid upon condition state may escape operation adoption statute unrelated subject matter activities fairly within scope national policy power view establishment minimum drinking age sufficiently related interstate highway construction justify conditioning funds appropriated purpose support contrary conclusion relies supposed concession counsel south dakota state never contended congressional action unrelated national concern absence amendment brief petitioner absence amendment however strong argument congress might regulate conditions liquor sold commerce power regulates sale many commodities affect interstate commerce fact amendment crucial state argument therefore amount concession condition imposed reasonably related highway construction also relies portion argument transcript support claim south dakota conceded reasonable relationship point ante citing tr oral arg counsel statements best ambiguous counsel essentially said prepared argue reasonable relationship question discussed length brief national conference state legislatures et al amici curiae aside concessions counsel asserts reasonableness relationship supposed purpose expenditure safe interstate travel drinking age condition ante reasons congress wishes roads builds may used safely drunken drivers threaten highway safety young people likely drive influence alcohol existing law case uniform national drinking age hardly needs saying however purpose deter drunken driving far stops teenagers drinking even drive interstate highways teenagers pose small part drunken driving problem nation see cong rec remarks humphrey percent highway fatalities involving alcohol occur among whose ages exceed remarks mcclure certainly statistically use one set statistics mandatory drinking age raised least ibid remarks symms ost studies point drivers age worst offenders congress appropriates money build highway entitled insist highway safe one entitled insist condition use highway funds state impose change regulations areas state social economic life attenuated tangential relationship highway use safety indeed rule otherwise congress effectively regulate almost area state social political economic life theory use interstate transportation system somehow enhanced example condition highway moneys upon moving state capital suppose might argue interstate transportation facilitated locating local governments places easily accessible interstate highways conversely highways might become overburdened carry traffic state capital mind relationship hardly attenuated one finds supports cf tr oral arg counsel conceding condition grant upon adoption unicameral legislature violate germaneness requirement clear place draw line permissible impermissible conditions federal grants line identified brief national conference state legislatures et al amici curiae congress power spend general welfare power legislate delegated purposes appropriate inquiry whether spending requirement prohibition condition grant whether regulation difference turns whether requirement specifies way money spent congress intent making grant effectuated congress power spending clause impose requirements grant go beyond specifying money spent requirement specification condition regulation valid falls within one congress delegated regulatory powers butler authority questionable insofar assumes congress regulatory power farm production discussion spending power description power breadth limitations remain sound decision butler also properly recognizes gravity task appropriately limiting spending power spending power limited congress notion general welfare reality given vast financial resources federal government spending clause gives power congress tear barriers invade jurisdiction become parliament whole people subject restrictions save butler supra course butler held framers plan meaning spending clause later cases consistent notion spending power congress may condition grants ways fairly said related expenditure federal funds example oklahoma csc upheld application hatch act member oklahoma state highway commission employed connection activity financed part loans grants federal agency condition appropriately viewed condition relating federal moneys expended conditions upheld may viewed independently justified regulatory power congress thus fullilove klutznick upheld condition federal grants money set aside contracts minority business enterprises found condition justified valid regulation commerce power fourteenth amendment see also lau nichols upholding nondiscrimination provisions applied local schools receiving federal funds case however falls neither class discussed condition state raise drinking age fairly said reasonably related expenditure funds highway construction possible connection highway safety nothing funds congress appropriated expended rather condition determining federal highway money shall expended regulation determining shall able drink liquor justified spending power possible sources congressional authority regulating sale liquor commerce power comes mind view regulation age purchasers liquor regulation price liquor may sold falls squarely within scope powers reserved amendment capital cities cable crisp emphasized liquor duffy dissenting opinion history amendment strongly supports justice black view amendment intended return absolute control liquor trade federal government use commerce clause powers interfere manner exercise power conferred amendment immense size power government obscure fundamental character remains government enumerated powers mcculloch maryland wheat supp iii justified exercise power delegated congress authorized constitution errs holding law land respectfully dissent