Dragon
Senior Member
- Sep 16, 2011
- 5,481
- 588
- 48
I read that section. I also read where the court EXPLICITLY stated that the power to tax and spend is a separate and independent power and NOT limited by the OTHER enumerated powers. Which is what relates to the current discussion.
right honeybun
and that was a finding of lower court (see the page number of that decision ?)
of which the appelate court
held......
it is limited to the scope within the Constitution
All of the language that I presented was the language of the Supreme Court's decision. It may have referenced a decision by a lower court, but the language presented is what the court held, or the basis for it holding as it did.
That the power to tax and spend is "limited to the scope within the Constitution" is not in dispute. The question is whether it is a power in itself, or one subordinate to the other enumerated powers, so that Congress may tax and spend but only so as to enable itself to coin money, punish piracy, create an army and navy, etc. The Court affirmed in no uncertain terms that the power to tax (and hence spend) is a separate power all on its own, and not restricted to enabling of the other enumerated powers.
You may disagree with the Court's ruling, but it is either disingenuous or an example of poor reading comprehension to pretend that it does not say what it clearly does.