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U.S. Supreme Court

Re-examining Funding and the Unconstitutional Conditions Doctrine

The Legal Intelligencer

March 14, 2013

Congress funds a variety of causes to the exclusion of others. That is permissible and necessary. Congress cannot, however, condition its spending on the abandonment of recipients' constitutional rights. Legislation that steps over this line implicates the Unconstitutional Conditions Doctrine.

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