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The Taxing and Spending Clause [1] (which contains provisions known as the General Welfare Clause [2] and the Uniformity Clause [3]), Article I, Section 8, Clause 1 of the United States Constitution, grants the federal government of the United States its power of taxation. While authorizing Congress to levy taxes, this clause permits the ...
Writing for the majority, Associate Justice William R. Day reasoned that the Taxing and Spending Clause of Article One of the United States Constitution allows Congress to levy any excise tax, regardless of whether its purpose is to regulate in an area governed by state police power.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
Congress is not empowered to tax for those purposes which are within the exclusive province of the States." [16] The historical controversy over the U.S. General Welfare Clause arises from two distinct disagreements. The first concerns whether the General Welfare Clause grants an independent spending power or is a restriction upon the taxing power.
The term, in the form "taxing and spending", is attested from 1928. [1] It was used, in the form "spend and tax", in the 18 October 1938 edition of The New York Times, [6] in a profile of Franklin D. Roosevelt's advisor Harry Hopkins, the administrator of the Works Progress Administration (WPA), a key agency of Roosevelt's New Deal program, written by Arthur Krock, with the subheading "Spend ...
In 2011, the Congressional Research Service said the current U.S. tax system violates the Buffett rule as “roughly a quarter of all millionaires (about 94,500 taxpayers) face a tax rate that is ...
Article One, Section 9, Clause 1 prevents Congress from passing any law that would restrict the importation of slaves into the United States prior to 1808, plus the fourth clause from that same section, which reiterates the Constitutional rule that direct taxes must be apportioned according to state populations. These clauses were explicitly ...
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