Carroll v. Finch

MEMORANDUM OF DECISION AND ORDER

PLUMMER, Chief Judge.

The facts in this case are the same as those in Henry v. Betit, 323 F.Supp. 418 (D.Alaska .1971), with the exception that in this instance plaintiffs attempt to compel the federal government to release funds for the AFDC-UP Program regardless of whether or not the State submits an AFDC-UP plan. Plaintiffs allege that by conditioning funds upon the submission of a state plan (42 U.S.C.A. §§ 603, 607) Congress has unconstitutionally delegated its power in violation of Art. I, § 1 of the United States Constitution. Because of this procedure,…