South Dakota v. Dole

Case Overview

CITATION

ARGUED ON

DECIDED ON

DECIDED BY

483 U.S. 203

Apr. 28, 1987

Jun. 23, 1987

Legal Issues

Does Congress’ authority under the Taxing and Spending Clause grant them the power to condition a portion of federal highway funding on States changing the drinking age to 21? 

Holding

Yes, Congress has power under the Taxing and Spending Clause to attach conditions to federal funding so long as those conditions are related to a federal interest and not ambiguous, unconstitutional, or coercive. 

MADD Advocates with President Reagan as he signs the National Minimum Age Drinking Act in 1984 | Credit: MADD

Background

In 1984, Congress enacted the National Minimum Age Drinking Act (23 U.S.C. §158), which directed the Secretary of Transportation to withhold a percentage of federal highway funds otherwise allocable from States “in which the purchase or public possession . . . of any alcoholic beverage by a person who is less than twenty-one years of age is lawful.” The law was passed in part due to intense advocacy from Mothers Against Drunk Driving (MADD).

South Dakota law permitted anyone 19 years of age or older to purchase beer containing up to 3.2% alcohol. South Dakota sued the Secretary of Transportation, then Elizabeth Dole, in U.S. District Court seeking a declaratory judgment against the Act. The district court dismissed, so South Dakota Appealed to the U.S. Court of Appeals for the Eighth Circuit. The circuit court affirmed the district court’s holding, so South Dakota appealed to the Supreme Court.  

7 - 2 decision for Dole

S. Dakota

Dole

Rehnquist

Powell

Stevens

Scalia

O’Connor

Brennan

White

Blackmun

Marshall

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