NationMaster - Encyclopedia: General Welfare clause

Article I, Section 8, Clause 1 of the United States Constitution, is known as the General Welfare Clause, the Uniformity Clause, the Welfare Clause, and the Taxing and Spending Clause.^[1] Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ...

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-1... In economics, a duty is a kind of tax, often associated with customs, a payment due to the revenue of a state, levied by force of law. ... This page is a candidate to be moved to Wiktionary. ... Tax rates around the world Tax revenue as % of GDP Economic policy Monetary policy Central bank Money supply Fiscal policy Spending Deficit Debt Trade policy Tariff Trade agreement Finance Financial market Financial market participants Corporate Personal Public Banking Regulation Excise tax, sometimes called an excise duty, is a type of... Debt is that which is owed. ... The common good is a term that can refer to several different concepts. ...

Appropriations of revenue for the general welfare

While both of the primary authors writing in the Federalist Papers agreed that the clause delegated to Congress a general power of taxation (i.e., to lay any tax they found appropriate in order to raise revenues), two theories of the spending power were put forth: An advertisement for The Federalist The Federalist Papers are a series of 85 articles arguing for the ratification of the United States Constitution. ...

What is surprising about the Hamiltonian school of thought is that is gives life to the precise fears over which the Anti-Federalists expressed concern during the ratification of the Constitution, the very objections that gave Madison reason to author his contributions to the work in an attempt to quell. James Madison (March 16, 1751 â€“ June 28, 1836), was an American politician and the fourth President of the United States (1809â€“1817), and one of the Founding Fathers of the United States. ... Alexander Hamilton (January 11, 1755 or 1757[1]â€”July 12, 1804) was an Army officer, lawyer, Founding Father, American politician, leading statesman, financier and political theorist. ...

At one point in U.S. history, the United States Supreme Court had imposed a narrow interpretation on the Clause, holding in Bailey v. Drexel Furniture Co., 259 U.S. 20 (1922),^[5] that a tax on child labor was an impermissible attempt to regulate commerce beyond that Court's equally narrow interpretation of the Commerce Clause. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Drexel Furniture Company was fined over $6000 in tax, because of a child labor tax enacted by congress. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... is the employment of children under an age determined by law or custom. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ...

This view was later overturned in United States v. Butler, 297 U.S. 1 (1936).^[6] In that case the Court held that the power to tax and spend is an independent power; that is, that the General Welfare Clause gives Congress power it might not have anywhere else. The tax imposed in that case was nevertheless held unconstitutional as a violation of the Tenth Amendment reservation of power to the states. The Court wrote: Holding The Agricultural Adjustment Act is an unconstitutional exercise of power. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... For Ireland, see Tenth Amendment of the Constitution of Ireland. ...

The modern Supreme Court has interpreted this clause to give Congress a plenary power to impose taxes and to spend money for the general welfare, including the power to force the states to abide by national standards by threatening to withhold federal funds. See South Dakota v. Dole, 483 U.S. 203 (1987).^[7] A plenary power or plenary authority is the complete power of a governing body. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas US Government Portal A U.S. state is any one of the fifty subnational entities of... was a precident-setting legal case concerning Federalism. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court...

Limitation on taxes: Apportionment of some direct taxes

Other language in the Constitution expressly limits the taxing and spending power. Article I, Section 9 has several clauses so addressed. Clause 4 states:

A tax (if any) subject to the apportionment rule would have to be imposed among the states in proportion to each state's population. This means that the dollar amount of such taxes imposed on the taxpayers within any given state would be required to bear an arithmetical relationship to the total dollar amount of such taxes imposed in the entire nation that would be equal to the ratio of that state's population to the total population of the nation. A poll tax, head tax, or capitation is a tax of a uniform, fixed amount per individual (as opposed to a percentage of income). ... Tax rates around the world Tax revenue as % of GDP Economic policy Monetary policy Central bank Money supply Fiscal policy Spending Deficit Debt Trade policy Tariff Trade agreement Finance Financial market Financial market participants Corporate Personal Public Banking Regulation The term direct tax has more than one meaning: a colloquial...

Until 1895, all income taxes were deemed to be indirect taxes, or excises. Direct taxes were limited to property taxes "imposed by reason of ownership," and to capitations (head taxes). Because some income taxes (taxes on income from property, such as interest, dividends, and rent) were, however, treated as direct taxes in the 1895 U.S. Supreme Court decision in Pollock v. Farmers' Loan & Trust Co., the prohibition on unapportioned direct taxes was later eliminated with respect to income taxes by the ratification of the Sixteenth Amendment. In 1916 in the case of Brushaber v. Union Pacific Railroad, the U.S. Supreme Court ruled that under the Sixteenth Amendment, income taxes were constitutional even though unapportioned. In subsequent cases, the courts have interpreted the Sixteenth Amendment and the Brushaber decision as standing for the rule that the Amendment allows a direct tax on "wages, salaries, commissions, etc. without apportionment."^[8] Tax rates around the world Tax revenue as % of GDP Part of the Taxation series The federal government of the United States imposes a progressive tax on the taxable income of individuals, corporations, trusts, decedents estates, and certain bankruptcy estates. ... Tax rates around the world Tax revenue as % of GDP Economic policy Monetary policy Central bank Money supply Fiscal policy Spending Deficit Debt Trade policy Tariff Trade agreement Finance Financial market Financial market participants Corporate Personal Public Banking Regulation Excise tax, sometimes called an excise duty, is a type of... Holding --- Court membership Case opinions Laws applied --- Pollock v. ... Amendment XVI in the National Archives Amendment XVI (the Sixteenth Amendment) of the United States Constitution was ratified on February 3, 1913. ... Holding It is erroneous to assume that the 16th Amendment provides for a hitherto unknown power of taxation; that is, a power to levy an income tax which, although direct, should not be subject to the regulation of apportionment applicable to all other direct taxes. ...

Limitation on taxes: No taxes and duties on exports

Regarding taxes on exports, the 0.125% harbor maintenance tax on the value of commercial cargo involved in a taxed port use under 26 U.S.C. § 4461 was unanimously ruled unconstitutional in the case of United States v. United States Shoe Corp., 523 U.S. 360, 118 S. Ct. 1290, 98-1 U.S. Tax Cas. (CCH) paragr. 70,091 (1998). The government had argued that the tax was only a "user fee." The Court ruled that it was an unconstitutional tax on exports. The Internal Revenue Code (or IRC) (more formally, the Internal Revenue Code of 1986, as amended) is the main body of domestic statutory tax law of the United States organized topically, including laws covering the income tax (see Income tax in the United States), payroll taxes, gift taxes, estate taxes...

Limitation on spending

Article I, Section 9, Clause 7 imposes accountability on Congressional spending:

References

Categories: United States Constitution | Legislative branch of the United States government | Legal history of the United States | Taxation in the United States For other uses, see 5th October (Serbia). ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... is the 339th day of the year (340th in leap years) in the Gregorian calendar. ... 1791 (MDCCXCI) was a common year starting on Saturday (see link for calendar) of the Gregorian calendar (or a common year starting on Tuesday of the 11-day-slower Julian calendar). ... Drexel Furniture Company was fined over $6000 in tax, because of a child labor tax enacted by congress. ... Holding The Agricultural Adjustment Act is an unconstitutional exercise of power. ... was a precident-setting legal case concerning Federalism. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... The United States Constitution was written in 1787, adopted in 1788, and took effect in 1789, replacing the Articles of Confederation. ... The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document, or constitution, of the United States of America. ... The Mount Vernon Conference was a meeting of delegates from Virginia and Maryland at George Washingtons home at Mount Vernon, Virginia in March 1785. ... The Annapolis Convention was a meeting at Annapolis, Maryland of 12 delegates from five states (New Jersey, New York, Pennsylvania, Delaware, and Virginia) that called for a constitutional convention. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... The New Jersey Plan was a proposal for the structure of the United States Government proposed by William Paterson on June 15, 1787. ... A proposal by Virginia delegates during the Philadelphia Convention of 1787, the Virginia Plan (also known as the Large State Plan) was notable for its role in setting the overall agenda for debate in the convention and, in particular, for setting forth the idea of population-weighted representation in the... The Connecticut Compromise of 1787 in the United States, also known as the Great Compromise, was one of the most important compromises reached in the United States Constitution. ... The three-fifths compromise was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ... An advertisement for The Federalist The Federalist Papers are a series of 85 articles arguing for the ratification of the United States Constitution. ... This is a listing of the Federalist Papers. ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... The first ten amendments to the United States Constitution are known as the Bill of Rights. This is a complete list of all ratified and unratified amendments to the United States Constitution which have received the approval of the Congress. ... This is an incomplete list of proposed amendments to the United States Constitution, in reverse chronological order. ... The United States Constitution has been amended on 18 occasionsâ€”with a total of 27 individual successful amendmentsâ€”since the Constitution was completed in 1787. ... The history of the Convention as a means of altering the fundamental law of a nation is documented in Prelude to the Grand Convention, the first chapter of a well researched book published in 1988 by Oxford University Press. ... Besides the more common method, Article V establishes the possibility of conventions within the individual states to ratify an amendment to the United States Constitution. ... Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause, empowers the President of the United States to appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, while granting the United States Congress... The Appropriations Clause[1] or Statement and Account Clause refers to a provision of Article I, Section 9, Clause 7, that provides Congress with the power to control the spending of the federal government and requires that records of expenditures be made. ... The case or controversy clause of Article III of the United States Constitution has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an actual controversy - that is, an actual dispute between adverse parties which is capable of... The citizenship clause (also known as the naturalization clause[1]) refers to a provision, in the Fourteenth Amendment to the United States Constitution at section one, clause 1. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ... The compact clause refers to a provision, in Article One of the United States Constitution at section ten, clause 3, that forbids states from entering into alliances with other states or with foreign governments. ... The Confrontation Clause of Sixth Amendment to the United States Constitution provides in relevant part: In all criminal prosecutions, the accused shall enjoy the right to . ... This article or section is in need of attention from an expert on the subject. ... Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause empowers the United States Congress: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty... The Emolument clause refers to a provision in Article One of the United States Constitution at section nine, clause 8, that forbids the United States from granting titles of Nobility and restricts members of the government from receiving gifts from foreign states without the consent of Congress. ... Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause. ... The Establishment Clause of the First Amendment to the United States Constitution states that: Congress shall make no law respecting an establishment of religion Together with the Free Exercise Clause, (or prohibiting the free exercise thereof), these two clauses make up what are commonly known as the religion clauses. ... Article III Section 2 Clause 2 of the United States Constitution. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ... The Extradition clause or Interstate renditon clause[1] refers to a provision in Article Four of the United States Constitution at section two, clause 2, provides for the extradition of a criminal back to the state where he or she has committed a crime. ... The Free Exercise Clause of the First Amendment to the United States Constitution, taken with the Establishment Clause of the First Amendment make up the Religion Clauses. ... The Fugitive slave clause refers to a provision in Article IV, Section 2, Clause 3, that requires that slaves that escaped to another state be returned back to the owner in the state from which they escaped. ... Article IV, Section 1 of the United States Constitution, commonly known as the Full Faith and Credit Clause, addresses the duties states have to respect and enforce the judicial rulings of other states. ... The Guarantee clause refers to a provision in Article IV, Section 4, Clause 1, requires the United States to provide a republican form of government for every state. ... The impeachment trial of President Bill Clinton in 1999, Chief Justice William H. Rehnquist presiding. ... The Militia clause refers to the provision in Article I, Section 8, Clause 15, that provide Congress with the power to summon a militia. ... A natural-born citizen is a special term mentioned in the United States Constitution as a requirement for eligibility to serve as President or Vice President of the United States. ... The necessary and proper clause (also known as the elastic clause, the basket clause, the coefficient clause, and the sweeping clause [1]) refers to a provision, in Article One of the United States Constitution at section eight, clause 18, which addresses implied powers of Congress. ... The no religious test clause of the United States Constitution is cited by advocates of separation of church and state as an example of original intent of the Framers of the Constitution of avoiding any entanglement between church and state, or involving the government in any way as a determiner... The Origination clause refers to a provision in Article One of the United States Constitution at section seven, clause 1, that mandates all revenue raising bills originate from the House of Representatives. ... Presentment clause The Presentment clause (Article I, Section 7) is a clause in the United States Constitution that outlines how a bill may become law. ... The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents states from treating citizens of other states in a discriminatory manner, with regard to basic civil rights. ... This provision of the Fourteenth Amendment to the United States Constitution is unique among constitutional provisions in that some scholars believe it was all but read out of the Constitution in a 5-4 decision of the Supreme Court (see Slaughterhouse Cases of 1873). ... The Speech or Debate Clause (found in Article I, Section 6, Clause 1) is a clause in the United States Constitution which states that members of both Houses of Congress Its intended purpose is to prevent a President or other officials of the Executive branch from having members arrested on... Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause: The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as the supreme law of the land. ... The Suspension Clause is clause two of section nine of Article One of the United States Constitution. ... Eminent domain (U.S.), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Australia) or expropriation (Canada, South Africa) in common law legal systems is the inherent power of the state to expropriate private property, or rights in private property, without the owners consent, either for its own use or... The Territorial Clause refers to Article IV, Section 3, paragraph 2 of United States Constitution: The interpretation of this clause gives the United States Congress the final power over every territory of the United States. ... It has been suggested that this article or section be merged with Jury. ... The three-fifths compromise was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States... The Vesting clauses refer to a provisions in Article I, Section 1; Article II, Section 1, Clause 1; and Article III, Section 1 of the United States Constitution; which vest the legislative, executive, and judicial powers in the Congress, president, and Supreme Court, respectively. ... Sometimes referred to as the War Powers Clause, the United States Constitution, Article One, Section 8, Clause 1, vests in the Congress the exclusive power to declare war. ... Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government in the United States. ... In the United States and many commonwelth nations, concurrent powers are powers held by both the states and the federal government and may be exercised simultaneously within the same territory and in relation to the same body of citizens. ... A number of amendments to the United States Constitution include a Congressional power of enforcement. ... For other uses, see Double jeopardy (disambiguation). ... The Dormant Commerce Clause is a phrase that originated with a comment made by Chief Justice John Marshall in the case of Willson v. ... The enumerated powers are a list of specific responsibilities found in Article 1 Section 8 of the United States Constitution, which enumerate the authority granted to the United States Congress. ... This article does not cite any references or sources. ... Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. ... 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