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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)

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