South Dakota v. Dole
Encyclopedia
South Dakota v. Dole, 483 U.S. 203
(1987), was a case in which the United States Supreme Court considered federalism
and the power of the United States Congress
under the Taxing and Spending Clause
.
, designed to discourage states from lowering the legal drinking age in 1984. It did so by withholding 5% of federal highway funding from states that did not comply. In 1988, that amount changed to 10%. South Dakota, which had allowed 19-year-olds to purchase beer containing up to 3.2% alcohol, sued to challenge the law, naming Secretary of Transportation
Elizabeth Dole
as the defendant
because her office was responsible for enforcing the legislation.
. It is subject to four covenants:
The first three restrictions, Rehnquist noted, are uncontested. This leaves the fourth restriction. The Tenth Amendment
bars federal regulation of the States, and it has been suggested that the Twenty-First Amendment might prohibit federal regulation of the drinking age. Nevertheless, the Congressional condition of highway funds is merely a "pressure" on the State to comply, not a "compulsion" to do so, because the State's failure to meet the condition deprives it of only 5% of the highway funds it may obtain. Therefore, Congress has not run afoul of the Tenth or Twenty-First Amendments.
and Brennan
each filed dissents. O'Connor agreed that Congress may attach conditions on the receipt of federal funds, and that the Twenty-First Amendment gives states authority over laws relating to the consumption of alcohol. The attached condition on the states, O'Connor said, must be "reasonably related to the expenditure of funds." O'Connor disagreed with the Court's finding that withholding federal highway funds was reasonably related to deterring drunken driving and drinking by minors and young adults. She argued that the condition was both over and under-inclusive: it prevents teenagers from drinking when they are not going to drive on federal and federally-funded highways, and it does not attempt to remedy the overall problem of drunken driving on federal and federally-funded highways. Therefore, the relation here between the condition and spending is too attenuated:
If the condition and spending are too attenuated, then they fail the court's "reasonable relation" test, falling outside the scope of Congress's power in the Constitution. Brennan, in a brief paragraph, states his agreement with O'Connor, stating that the Twenty-First Amendment "strikes the proper balance between federal and state authority".
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1987), was a case in which the United States Supreme Court considered federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
and the power of the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
under the Taxing and Spending Clause
Taxing and Spending Clause
Article I, Section 8, Clause 1 of the United States Constitution, is known as the Taxing and Spending Clause. It is the clause that gives the federal government of the United States its power of taxation...
.
Background
The United States Congress passed legislation, the National Minimum Drinking Age ActNational Minimum Drinking Age Act
The National Minimum Drinking Age Act of 1984 was passed on July 17, 1984 by the United States Congress as a mechanism whereby all states would become thereafter required to legislate the age of 21 years as a minimum age for purchasing and publicly possessing alcoholic beverages...
, designed to discourage states from lowering the legal drinking age in 1984. It did so by withholding 5% of federal highway funding from states that did not comply. In 1988, that amount changed to 10%. South Dakota, which had allowed 19-year-olds to purchase beer containing up to 3.2% alcohol, sued to challenge the law, naming Secretary of Transportation
United States Secretary of Transportation
The United States Secretary of Transportation is the head of the United States Department of Transportation, a member of the President's Cabinet, and fourteenth in the Presidential line of succession. The post was created with the formation of the Department of Transportation on October 15, 1966,...
Elizabeth Dole
Elizabeth Dole
Mary Elizabeth Alexander Hanford "Liddy" Dole is an American politician who served in both the Ronald Reagan and George H. W. Bush presidential administrations, as well as a United States Senator....
as the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
because her office was responsible for enforcing the legislation.
Decision of the Court
The Supreme Court decided that Congress applying its taxing and spending clauses was not in violation of the 21st AmendmentTwenty-first Amendment to the United States Constitution
The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition...
. It is subject to four covenants:
- The condition must be unambiguous;
- The condition must promote "the general welfare";
- The condition should relate "to the federal interest in particular national projects or programs"; and
- Other constitutional provisions may provide an independent bar to the conditional grant of federal funds.
The first three restrictions, Rehnquist noted, are uncontested. This leaves the fourth restriction. The Tenth Amendment
Tenth Amendment to the United States Constitution
The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
bars federal regulation of the States, and it has been suggested that the Twenty-First Amendment might prohibit federal regulation of the drinking age. Nevertheless, the Congressional condition of highway funds is merely a "pressure" on the State to comply, not a "compulsion" to do so, because the State's failure to meet the condition deprives it of only 5% of the highway funds it may obtain. Therefore, Congress has not run afoul of the Tenth or Twenty-First Amendments.
Dissent
Justices O'ConnorSandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
and Brennan
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
each filed dissents. O'Connor agreed that Congress may attach conditions on the receipt of federal funds, and that the Twenty-First Amendment gives states authority over laws relating to the consumption of alcohol. The attached condition on the states, O'Connor said, must be "reasonably related to the expenditure of funds." O'Connor disagreed with the Court's finding that withholding federal highway funds was reasonably related to deterring drunken driving and drinking by minors and young adults. She argued that the condition was both over and under-inclusive: it prevents teenagers from drinking when they are not going to drive on federal and federally-funded highways, and it does not attempt to remedy the overall problem of drunken driving on federal and federally-funded highways. Therefore, the relation here between the condition and spending is too attenuated:
If the condition and spending are too attenuated, then they fail the court's "reasonable relation" test, falling outside the scope of Congress's power in the Constitution. Brennan, in a brief paragraph, states his agreement with O'Connor, stating that the Twenty-First Amendment "strikes the proper balance between federal and state authority".
See also
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases, volume 483
- List of United States Supreme Court cases by the Rehnquist Court