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2 Cards in this Set
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US v Buter
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Though the Court holding is no longer good law as it struck down the Agricultural Adjustment Act as unconstitutional for violating X and regulating production, they outlined the broad scope of Congress’s power to tax, rejecting Madison;s view that they could tax only to carry out other powers in the constitution, and adoting Hamilton’s, which was that they could tax whenever they felt it would serve the general welfare, as long as it did not violate another constitutional provision.. Good argument that the powers of the branches are broad, not only those specifically enumerated.
TAXING AND SPENDING IS ITS OWN POWER< LIKE NECESSARY AND PROPER CLAUSE POWER |
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Seward Machine Co v. Davis
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Followed Butler’s holding on the broad power to tax and upheld a federal law creating an unemployment compensation program. Also important as a X question, because the some argued the fed law coerced the states into participation by offering a credit on federal taxes.
“We are not free to speculate as to the motives which moved Congress to impose it, or as to the extent to which it may operate to restrict the activities taxed. As it is not attended by an offensive regulation, and since it operates as a tax, it is within the national taxing power.” |
