JUSTICE KAGAN: And as I understand it, I mean, when the Secretary withdraws funds, what the Secretary is doing is withdrawing funds from poor people’s health care, and that the Secretary is reluctant and loathed to take money away from poor people’s health care. And that that’s why these things are always worked out. It’s that the Secretary really doesn’t want to use this power, and so the Secretary sits down with the State and figures out a way for the Secretary not to use the power. [Page 58]
There you have it, the Constitutionality of a power legislatively granted to a Cabinet Secretary can be judged by presuming the Secretary will of course behave reasonably. One wonders why have any legislation at all beyond letting the Secretary do anything because he’s going to be “reasonable”. But it does seem to sum up the essence of the MAL on how government should work.