
Taxing and Spending Clause
3
MENTIONS
3
EPISODES
2
PODCASTS
Search complete. 3 mentions across 3 episodes found for "Taxing and Spending Clause".
Oct 5, 2026
Lawfare Daily: The Trials of the Trump Administration, October 2
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72:19Molly RobertsPANELIST
And essentially, you know, what do election systems as critical infrastructure vulnerable to terrorist attack have to do with citizenship verification? Then he said if there were any doubt about how to read the statute, the major questions doctrine would compel the same result.
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72:36Molly RobertsPANELIST
And finally, he said that adopting the defendant's interpretation would put the statute's constitutionality in doubt because the Supreme Court says that the Spending Clause, Congress's power to set the terms on dispersing funds under the Spending Clause, is limited to conditions that are reasonably related to the purpose of the expenditure.
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72:56Molly RobertsPANELIST
And again, this isn't reasonably related to these counterterrorism aims.
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73:00Molly RobertsPANELIST
Even the government had admitted this was about strengthening the integrity of and supporting public confidence in US elections.
Law School Midterm Command Center: Rule Compression II — Criminal Law, Property, Constitutional Structure, and Evidence
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46:59speaker_3HOST
Right.
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46:59speaker_3HOST
Flast allows a taxpayer to challenge legislative spending under the Taxing and Spending Clause that allegedly violates the Establishment Clause of the First Amendment.
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47:07speaker_4HOST
The logic is that the Establishment Clause was historically specifically designed to prevent the government from using tax money to fund religion.
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47:15speaker_4HOST
So in that one specific instance, being a taxpayer is enough of an injury.
Constitutional Structure: Congressional Power Part Two — Taxing, Spending, Section Five, Legislative Process, Delegation, and the Major Questions Doctrine
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11:42speaker_3HOST
The exceedingly narrow Flast exception.
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11:45speaker_3HOST
It allows taxpayers to challenge specific congressional spending under the Taxing and Spending Clause that allegedly violates the Establishment Clause
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11:53speaker_2HOST
Meaning the government is directly funding religion
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11:56speaker_3HOST
Exactly, but structurally, for any other constitutional claim, taxpayer standing is a complete dead end