It’s all totally unconstitutional, and I’ve found another friend in the fight.
Mario Loyola is director of the Center for Tenth Amendment Studies at the Texas Public Policy Foundation. This morning he writes…
The entire practice of federal grants to state governments ought to be abolished. As the Supreme Court warned in U.S. v. Butler (1936), the federal taxing and spending power has a great potential to “become the instrument for total subversion of the governmental powers reserved to the individual states.” The Medicaid provisions of Obamacare are a perfect example, as Professor Richard Epstein and I argued in one of our amicus briefs for the Supreme Court. Until the practice is abolished, “donor” states — the victims of rent-seeking by transient majorities in Congress and their control of committee chairmanships — have no choice but to fight for every dollar that their residents are losing to other states.
Read it all over at NRO’s The Corner.