Under the Supreme Court's Spending Clause jurisprudence, Congress may attach conditions to a state's receipt of federal funds only if certain requirements are satisfied. Which one of the following is NOT among the limitations the Court has identified?
The condition must be related to the federal interest in the particular national project or program being funded.
The condition must not be so coercive that it effectively compels the state to comply.
The condition must be approved by a two-thirds vote of both Houses of Congress.
The condition must be stated unambiguously, enabling the state to exercise its choice knowingly.
In South Dakota v. Dole, the Court explained that conditional grants must (1) promote the general welfare, (2) be stated unambiguously so that a state can knowingly decide whether to participate, (3) relate to a federal interest in the particular national project or program, and (4) not run afoul of other constitutional provisions. Later cases, including NFIB v. Sebelius, emphasized that the inducement cannot be so coercive that it amounts to compulsion. None of these decisions requires a two-thirds vote in both Houses of Congress. Therefore, the option asserting a super-majority vote is the only choice that is not a genuine Spending Clause limitation.
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What is the Spending Clause and how does it grant Congress authority?
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