Legal Definitions - Dole test

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:

1. The spending must be in pursuit of the general welfare
2. The condition must be unambiguous
3. The condition must be related to some federal interest
4. 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.