Stimulus act unconstitutional?

Ronald Rotunda (writing for the Chicago Tribune) notices an unconstitutional provision in the stimulus act.  It seems that if a state governor has the temerity to refuse the stimulus funding, the act gives the state legislature the power to override him.  The federal government most certainly does not have the power to override state constitutions like that.

Alas, the provision will surely be found to be severable, so we can’t realistically hope that this will bring down the entire mess.

(Via Instapundit.)

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