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National Taxing and spending power and Property Rights
Pollock v. Farmers Loan & Trust Co.
I: Government imposed an income tax
Q: Was the income tax a direct tax
A: Yes, and violates constitution. Not proportionally divided among states
reason:Art. 1, Sec. 9 (Created 16th Amendment)
McCray v. United States
I:Congress taxed colored margarine more than uncolored
Q: Can congress tax on anything it wants, such as colored margarine?
A: Yes, no limit
reason: Super Taxing Powers/ Art.1 Sec. 9
South Dakota v. Dole
I:Congress withheld 5% of fed. H/W funds from states who didn't adopt 21 y/o drinking age
Q: Can congress withhold funds from states that don't adopt 21-year-old drinking age?
A:Yes, in pursuit of general welfare/ it's their money
reason: 21ist Amendment
Rumsfield v. Forum for Academic and Institutional Rights
I: FAIR argued the Solomon Amendment violated 1st Amendment rights
Q: Can funds be withheld from schools that don't allow access of military recruiters to students?
A: Yes, It is Congress' money
reason: 14th Amendment
Kelo v. City of New London
I:City seized private property to build private business to create jobs/ tax revenue
Q: Can the state do this?
A: Yes, it was for public use
Reason: 5th Amendment (takings clause)