Townsend v. Swank Alexander/Concurrence Burger

Mr. Chief Justice BURGER, concurring in the result.

I concur in the result reached by the Court, but add this brief comment. In dealing with these cases-and the other AFDC cases on the Court's docket-it seems appropriate to keep clearly in mind that Title IV of the Social Security Act governs the dispensation of federal funds and that it does no more than that. True, Congress has used the 'power of the purse' to force the States to adhere to its wishes to a certain extent; but adherence to the provisions of Title IV is in no way mandatory upon the States under the Supremacy Clause. The appropriate inquiry in any case should be simply whether the State has indeed adhered to the provisions and is accordingly entitled to utilize federal funds in support of its program. Cf. Rosado v. Wyman, 397 U.S. 397, 420, 90 S.Ct. 1207, 1221-1222, 25 L.Ed.2d 442 (1970). I agree that the answer to that inquiry here must be in the negative; I therefore concur in the result reached by the Court.