Legal Question in Constitutional Law in District of Columbia

Federal Grants

The 10th Amendment clearly reads: ''The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.'' Article I, Section 8 lists the areas where Congress may spend money. Subsidies for medical research, education, or other types of grants are not listed.

Are Federally funded grants unconstitutional?


Asked on 7/02/07, 1:25 pm

2 Answers from Attorneys
ERIK GREINER The Greiner Law Firm

Re: Federal Grants

Well....Even if federally funded grants do not fall neatly within one of the enumerated powers of Congress....the Court has solidly decided that the Necessary and Proper Clause (Elastic Clause) when coupled with express powers such as the spending power will serve Congressional intent and be deemed constitutional.

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Answered on 7/02/07, 2:28 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Federal Grants

No.

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Answered on 7/02/07, 1:30 pm


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