Page:Health and Hospital Corp. of Marion Co. v. Talevski.pdf/48

16 Clause “includes the power to spend public funds on authorized federal activities”). But, because the Clause authorizes only those spending measures that are “ ‘necessary and proper for carrying into Execution’ other enumerated federal powers[,] Congress can … spend only if the appropriation is tied to the execution of one of the federal government’s granted powers.” Lawson & Seidman 30. The Clause thus “does not provide a stand-alone grant of spending authority, and certainly not an authority to spend for a nonspecific ‘general welfare of the United States.’ ” Ibid.

A second plausible source of the spending power is the Property Clause, which provides that “Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” Art. IV, §3, cl. 2. The term “other Property” may “comprehen[d] personal property no less than real,” and “personal property includes money, as well as financial assets of all kinds.” Engdahl, 18 Seattle U. L. Rev., at 250 (emphasis deleted). But the power to dispose of funds does not carry with it any regulatory power; the Property Clause “only authorizes the control and disposition of federal property” and “does not disturb the allocation of governance authority otherwise accomplished under the principle of enumerated powers.” Id., at 251. Thus, when disposing of federal property under the Property Clause, “Congress has no more competence to make ‘law’ than any private donor or testator has.” Engdahl, 44 Duke L. Rev., at 104.

In the early decades after ratification, both the source and the scope of the spending power were hotly contested, usually in debates over “internal improvements” such as roads and canals. One side, represented by Madison, maintained that federal spending must be strictly in aid of the Federal Government’s specifically enumerated powers—for