I am filing this complaint on behalf of the residents of the states of Arkansas, Alabama, Iowa, Mississippi, Montana, North Dakota and South Carolina and Tennessee because these states have ended or about to end residents’ federal benefits accessible under the American Rescue Plan, Pandemic Unemployment Assistance.
I contend these states’ governors do NOT enjoy a statutory or constitutional right to violate their residents’ U.S. Constitutional rights to access federal benefits. I contend these governors are categorically violating their residents’ 14th Amendment right to equal application of the law and the right of equal treatment amongst states.
I contend these governors do NOT enjoy a Tenth Amendment claim to deny their respective residents access to federal benefits, as such denial of benefits categorically violate a resident’s U.S. Constitution right to Equal Protection of the Law to access federal benefits. Further, these governors are violating U.S.C. TITLE 18, SEC. 242, 241, AND 245 as I consider a person filing for benefits under the American Rescue Plan a federally-protected activity.
Tenth Amendment claims do not override a person’s 14th Amendment right to equal application of the law. It is patently unconstitutional for any official acting under color of law to offer benefits to some people but not all people.
In its 1987 decision in South Dakota v. Dole, which arguably remains the leading case regarding the use of the federal government’s conditional spending power, the Court held that legislation enacted pursuant to the Spending Clause must be in pursuit of the “general welfare.” In addition, the Dole Court held that any conditions attached to the receipt of federal funds must:
(1) be unambiguously established so that recipients can knowingly accept or reject them;
(2) be germane to the federal interest in the particular national projects or programs to which the money is directed;
(3) not violate other provisions of the Constitution, such as the First Amendment or the Due Process or Takings Clauses of the Fifth Amendment; and
(4) not cross the line from enticement to impermissible coercion, such that states have no real choice but to accept the funding and enact or administer a federal regulatory program.