Should the driving age be raised to 21 article - phrase
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South Dakota v. Dole , U. It upheld the constitutionality of a federal statute that withheld federal funds from states whose legal drinking age did not conform to federal policy. The Supreme Court held 7—2 that the statute represented a valid use of Congressional authority under the Spending Clause and that the statute did not infringe upon the rights of the states. The Court established a five-point rule for considering the constitutionality of expenditure cuts of this type:. Writing for the majority, Chief Justice William Rehnquist noted that the National Minimum Drinking Age Act clearly met the first three restrictions, leaving only the latter two restrictions worthy of consideration. Rehnquist wrote that the Congress did not violate the Tenth Amendment because it merely exercised its right to control its spending. Rehnquist wrote that the Congress did not coerce the states because it cut only a small percentage of federal funding. It thus applied pressure but not irresistible pressure. Justices O'Connor and Brennan both filed dissents.
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