Spending Clause

Definition

Article I, Section 8 of the Constitution, which gives Congress the power to tax and spend for the general welfare. Congress uses this power to attach conditions to federal funding — essentially telling states, 'if you want this money, you must comply with these rules.' The Supreme Court requires that such conditions provide clear notice to the states.

Examples

• •RLUIPA was enacted under the Spending Clause, conditioning federal prison funding on states accommodating inmates' religious exercise.

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