Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: ancient_geezer
If Congress has a complete and plenary power of taxation as this ruling suggests, why does the Constitution bother enumerating any limited powers at all?

If, as this decision claims, Congress has the power to reach into and control anything and everything through the power of taxation, regardless of the specific and limited powers delegated by the States and the People to the Federal government, then the limits of the Constitution are utterly meaningless, as long as Congress cloaks their exercise of undelegated power in the veil of "taxation."

"Grant the validity of this law, and all that Congress would need to do, hereafter, in seeking to take over to its control any one of the great number of subjects of public interest, jurisdiction of which the states have never parted with, and which are reserved to them by the Tenth Amendment, would be to enact a detailed measure of complete regulation of the subject and enforce it by a socalled tax upon departures from it. To give such magic to the word 'tax' would be to break down all constitutional limitation of the powers of Congress and completely wipe out the sovereignty of the states."
[Bailey v. Drexel Furniture Co., 259 U.S. 20 (1922)]
It is elementary law that every statute is to be read in the light of the constitution. However broad and general its language, it cannot be interpreted as extending beyond those matters which it was within the constitutional power of the legislature to reach.
[McCullough v. Com. Of Virginia, 172 U.S. 102 (1898)]

278 posted on 01/16/2003 4:39:12 PM PST by mvpel
[ Post Reply | Private Reply | To 256 | View Replies ]


To: mvpel

If, as this decision claims,

The decision only claims that which is the proper function of taxation. To finance the Constitutional operation of the government.

Congress has the power to reach into and control anything and everything through the power of taxation, regardless of the specific and limited powers delegated by the States and the People to the Federal government, then the limits of the Constitution are utterly meaningless, as long as Congress cloaks their exercise of undelegated power in the veil of "taxation."

The power of taxation only extends to the payment of debt, provision for the common defense and general welfare of the United States as delimited in enumerated powers. Nothing more but certainly nothing less.

Constitution for the United States of America:

Tell us how the authority to tax to finance the Constitutional functions of government is an unlimited power to control. It certainly is not in the Constitution. Neither does the Court recognize a power to control via the excercise of taxation with the exception of those specific powers granted in which regulation is a clear mandate.

MCCRAY v. U S, 195 U.S. 27 (1904)

It's up to the people to select virtuous representatives in a Republic; "Eternal Vigilence", slack off and the concequence for lack of electorate virtue is automatic and certain. It is inherent to the functioning of a Republic.

Sir Alex Fraser Tytler (1742-1813). Scottish jurist and historian:

"A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largess from the public treasury. From that time on the majority always votes for the candidates promising the most benefits from the public treasury, with the results that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.

McCulloch v. Maryland, 17 U.S. 316 (1819)

Springer v. United States(1880), 102 U.S. 586

  • "If the laws here in question involved any wrong or unnecessary harshness, it was for Congress, or the people who make congresses, to see that the evil was corrected.
    The remedy does not lie with the judicial branch of the government."
  • Champion v. Ames(1903), 186 U.S. 321

    If you expect the Courts to do your job, you are barking up the wrong tree.

    279 posted on 01/16/2003 6:46:16 PM PST by ancient_geezer
    [ Post Reply | Private Reply | To 278 | View Replies ]

    Free Republic
    Browse · Search
    News/Activism
    Topics · Post Article


    FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
    FreeRepublic.com is powered by software copyright 2000-2008 John Robinson