Just FYI -- one of the cases in which the Court granted review today, Sabri v. United States, presents (along with a question of statutory interpretation) what I think is an interesting cluster of questions involving the Spending Power and the Sweeping Clause, in the context of a federal bribery statute. (Disclosure: I co-authored an amicus brief in the case, for the National Association of Criminal Defense Lawyers).
In a nutshell -- Section 666 of Title 18 federalizes bribes involving agents of organizations that receive, administer, etc., federal-program funds. The statutory-interpretation question involves the nexus, if any, required between the bribe and the funds. In addition, though, there's the question whether the Spending Power -- either via conditional-spending doctrine, or the necessary-and-proper route -- authorizes such a statute. (For more on this question, see Professor George Brown's recent work).
Best,
Rick Garnett Notre Dame Law School London Law Programme 1 Suffolk Street London SW1Y 4HG
