Question
Congress enacts the Concussion Safety Act of 2022 (CSA22). The CSA22 amends various federal education funding statutes. The CSA22 will reduce federal spending on education
Congress enacts the Concussion Safety Act of 2022 (CSA22). The CSA22 amends various federal education funding statutes. The CSA22 will reduce federal spending on education by 6% in any state whose public schools have not prohibited tackle football, rugby or "such other sports as the Secretary of Health and Human Services may determine creates the significant potential for brain injury adversely affecting learning." "There is no point," say CSA22 proponents, "in spending lots of money on education if the students have had their brains damaged by participation in dangerous sports whose continuation is motivated mostly by money." 46 out of the 50 states go along and end school football and, if they had it, rugby. Oklahoma, Nebraska, Alabama, and Texas refuse. A lawsuit is brought by the Ector County (Texas) Independent School District stating that it made money from football that was used to provide quality education. Which of the following is most accurate:
a) CSA22 is constitutional because Congress may sculpt spending programs however it pleases unless it violates an independent constitutional right. Since there is no (recognized) constitutional right to play football in school, the judicial inquiry need go no further.
b) CSA22 is constitutional
c) CSA22 is unconstitutional because it is coercive -- 46 out of 50 states terminated their football programs in response.
d) CSA22 is unconstitutional because it interferes with the ability of states to provide its citizens with a fundamental right
e) CSA22 is unconstitutional because the Constitution does not give the federal government authority to regulate either education or sport
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