Roland asked the Governor if he and Attorney General Greg Abbott would support litigation challenging the constitutionality of unfunded mandates and of making federal funds conditional on taking actions Congress does not have the constitutional authority to mandate. Perry said he liked the idea and would discuss it with Abbott when he returns from Washington, DC, where he is a party to litigation challenging the Affordable Care Act, on which oral arguments are being held.
A constitutional amendment that addresses the abuses of unfunded mandates and the spending power of Congress is to be found here and here. It states:
- Unfunded mandates, abuse of spending power
- Congress may not require any state or local official, or private person, of the United States of America, to expend any resources without providing such resources, or make the provision of resources conditional on performing actions Congress does not have the power to command, except for militia organization, training, and operations, or for specific performance on a voluntary contract.