Warning
Info
Warning
Info
Simple English definitions for legal terms
Dole test
Read a random definition: deadborn
A quick definition of Dole test:
The Dole test is a way to check if a rule made by Congress is okay under the Constitution. It has four parts: the rule must be for the good of everyone, it must be clear and easy to understand, it must be related to something the government cares about, and it can't go against any other rules in the Constitution. This test was made in a court case called South Dakota v. Dole in 1987.
A more thorough explanation:
The Dole test is a four-part test used to determine if a condition attached by Congress under its Spending Clause power to the receipt of federal money is constitutional.
The four parts of the Dole test are:
- The spending must be in pursuit of the general welfare
- The condition must be unambiguous
- The condition must be related to some federal interest
- The condition must not be barred by any other provision of the Constitution
An example of the Dole test in action is when Congress offers funding to states for highway construction, but only if the states lower their legal drinking age to 18. The Dole test would be used to determine if this condition is constitutional.
In this example, the first part of the Dole test is met because highway construction is in pursuit of the general welfare. The second part is met because the condition is clear - the states must lower their drinking age to 18. The third part is met because the federal interest is to reduce drunk driving accidents on highways. The fourth part is met because there is no other provision in the Constitution that would bar this condition.
Therefore, the condition attached to the funding would likely be found constitutional under the Dole test.