In addition to carryover materials from last Friday's class, we will be discussing two chapters from Fiscal Challenges in class on Thursday, April 3rd: Chapter Eleven, John Wallis and Barry Weingast, Dysfunctional or Optimal Institutions? & Chapter Twelve, David Super, Federal-State Budgetary Interactions. Please also review Briefing Paper 7 on Unfunded Mandates.
Our focus in today's class will be on conditional spending. Please begin by reviewing either Daniel Klaff & Adam Lawton, Conditional Spending and Other Forms of Federal Cost Sharing (Updated March 2008) (Briefing Paper No. 18) or Allison Quick, Legal Limits on Conditional Spending Including Recent Challenges to No Child Left Behind (May 2, 2006) (Briefing Paper No. 19). We will then discuss South Dakota v. Dole, 483 U.S. 203 (1987), which the Quick paper discusses, and then the Supreme Court's more recent decision in National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012). In the Sebelius decision, please your attention on the portions of the opinion dealing with conditional spending (as opposed to the sections involving the Commerce Clause or taxing powers or the Anti-Injunctions Act). Note: If you click on the “Show/Hide” button, and select “Hide All Unlayered,” the H20 program should display only the sections of the decision relevant to our discussions.
In today's class, we will be discussing budgeting at the state level. Please review Fiscal Challenges: Chapter Eight, Juliet Musso et al., Budgetary Arrangements in the 50 States & Chapter Fourteen, Richard Briffault, Courts, Constitutions and Public Finance.
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