This week, we’re talking about South Dakota v Dole (1987), where SCOTUS laid out 5 limits on Congress’ power to attach strings on money given to the states. But there’s some major concerns with how SCOTUS has handled these issues. They come up with all these rules and tests for determining and defining the powers of the federal government – but they don’t have the authority to set the “rules.” We The People set out the rules within the contract itself – the US Constitution. So, what does the Constitution say about Congress’ power to attach strings on money given to the states? Congress’ powers our largely outlined in US Constitution Article 1, Section 8. In Section 8, “Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence [sic] and general welfare of the United States.” It doesn’t say Congress has the power to tax the people to give that money to the states. No where in the Constitution does Congress have authority to just hand over a pile of money to the states. “Providing for” the general welfare literally means “to pay for.” But that does not by itself give Congress the authority to take any and all actions under the guise of it being “for the general welfare of the US.” The “things” Congress can do are still limited by the list of items specifically entrusted to Congress in Article 1, Section 8. Those things include the power to:

• lay and collect taxes, duties, imposts and excises,
• pay the debts of the US
• provide for the common defence [sic] of the US
• provide for the general welfare of the US
• borrow money on the credit of the US
• regulate commerce with foreign Nations, and among the several states, and with the Indian Tribes
• establish a uniform Rule of Naturalization
• establish uniform laws on the subject of bankruptcies
• coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures
• provide for the punishment of counterfeiting the securities and current coin of the US
• establish post offices and post roads
• promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries
• constitute tribunals inferior to the Supreme Court
• define and punish piracies and felonies committed on the high seas, and offenses against the law of nations
• declare war, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water
• raise and support Armies
• provide and maintain a Navy
• make Rules for the Government
• make Regulations of the land and naval Forces
• provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions
• provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, (reserving certain authority to the States respectively)
• exercise exclusive Legislation in all Cases whatsoever, over [Washington, D.C.] and to exercise like Authority [in D.C.] for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings; -And
• make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

So, providing for roads which only sober, attentive drivers may utilize to travel from one part of the country to another would fit the itemized power of  “providing for the general welfare of the US,” along with the power to “establish post roads,” and to provide for the common defense. But limiting the drinking age to 21 does not directly implicate any of these powers, let alone the others entrusted to Congress.

So, not only does Congress not have the Constitutional authority to regulate the drinking age, it cannot spend money in a way to ensure the states do so.

Further, the Constitution allows Congress to collect taxes & duties to fund the work it is tasked with doing under Article 1, Section 8. It has no Constitutional authority to tax citizens to turn around and just hand that money over to the states.