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Originally Posted by Rick486
I think the wording is "...promote..." rather than "...provide..". But either way, that's a dandy approach to drive just about any truck the executive or legislative branch wished through that hole. How about the controversial health care law? Why not just fit it in under the preamble? Or how about Gitmo detainment? Promotes the general welfare to lock up terrorists, right? Somehow my instinct tells me it's not quite that simple. As for school lunches, I would imagine it has never been challenged. Which state would challenge free money falling from the sky? Er, well except for that annoying deficit issue.
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Utah would be one of the states that challenged the federal government. That one was over the mandate to test students every year under the no child left behind act. Utah decided that the money granted didn't cover the cost of yearly testing, so they decided to test every other year. The supreme court sided with Utah but it didn't really stop much.
There is a bigger test coming on the Obama care law. The states are challenging the changes in medicare. Currently, the legal opinion is that as long as the states can opt out, it's not an unfunded mandate. That might change it might not.
The school lunch program is otherwise constitutional in that districts can opt out, it's just that it's been tied to a bunch of other grants that mean stripping the local district of of funding for all kinds of things.
A classic example of this in action was Winter park in Florida wound up taking federal money to build a new library, donating their five year old library to a private college. They did this to keep other federal monies, road funding in particular, coming.
But it's not limited to the federal government. Again in Florida, back in 06, the state past a law limiting how much the counties could charge in property taxes. This lowered the county portion in a few counties, but the state raised the amount of property taxes the counties had to collect for the state. The State also cut road, school and other funding, but didn't change the requirements on what the counties had to provide.
Same problem here in north Texas. We need more roads, rail, and buses but the state won't allow the counties to raise certain taxes and fees. Not that that stops them from putting mandates on what we have to provide in schools and county services.
We'll see if the supreme court re-opens old case law and sees the current situation for what it is, or if they continue on the same path of letting the Federal government take money from the states population then hold the state government hostage unless the are willing to go along to the letter to get their peoples money back. It's either that, or you would need to get a bunch of states to pull out of something in protest.