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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 ...
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.
Hylton v. United States, 3 U.S. (3 Dall.) 171 (1796), [1] is an early United States Supreme Court case in which the Court held that a yearly tax on carriages [2] did not violate the Article I, Section 2, Clause 3 and Article I, Section 9, Clause 4 requirements for the apportioning of direct taxes.
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 ...
Hamilton proceeds to clarify and explain the clause and the purpose it serves in detail in order to assuage all conflict and fear. His response to a potential abuse of these powers is that the government must be responsible for the proper exercise of its powers, but ultimately the people themselves must hold the government to account.
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Steward Machine Company v. Davis, 301 U.S. 548 (1937), was a case in which the U.S. Supreme Court upheld the unemployment compensation provisions of the Social Security Act of 1935, which established the federal taxing structure that was designed to induce states to adopt laws for funding and payment of unemployment compensation. [1]