Taxing and Spending Clause

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The Taxing and Spending Clause is a provision of the U.S. Constitution that grants Congress the power to levy taxes and allocate federal funds to promote the general welfare of the United States.


Statements (48)
Predicate Object
instanceOf constitutional clause
provision of the United States Constitution
alsoKnownAs General Welfare Clause
Spending Clause
Taxing Clause
appliesTo duties
excises
imposts
taxes
authorizes power to lay and collect taxes
power to pay the debts of the United States
power to provide for the common defence
power to provide for the general welfare of the United States
constitutionalLocation Article I, Section 8, Clause 1
controversy scope of "general welfare"
use of spending power to influence state policy
country United States
debatedBy Anti-Federalists
Federalists
distinguishedFrom Commerce Clause
Necessary and Proper Clause
field constitutional law
grantsPowerTo United States Congress
historicalContext adopted at the Constitutional Convention of 1787
influencedBy Articles of Confederation weaknesses in federal revenue powers
interpretedBy Supreme Court of the United States
jurisdiction federal government of the United States
languageIncludes "to pay the Debts and provide for the common Defence and general Welfare of the United States"
legalEffect confers broad discretion on Congress in taxation and spending
limits spending must be for the general welfare
taxes must be for public purposes
locatedInDocument United States Constitution
partOf Article I of the United States Constitution
Article I, Section 8 of the United States Constitution
purpose to allow Congress to spend for the general welfare
to empower Congress to raise revenue for the federal government
relatedTo General Welfare Clause doctrine
federal spending power
federal taxing power
requires that Duties, Imposts and Excises shall be uniform throughout the United States
significantCase Helvering v. Davis
NFIB v. Sebelius
South Dakota v. Dole
United States v. Butler
textBeginsWith "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises"
usedFor conditional federal grants to states
funding federal programs
regulating state behavior through spending conditions

Referenced by (28)
Subject (surface form when different) Predicate
Helvering v. Davis ("Article I, Section 8, Clause 1 of the United States Constitution")
McCulloch v. Maryland
NFIB v. Sebelius
NFIB v. Sebelius ("Spending Clause")
New York v. United States (1992) ("Spending Clause of the United States Constitution")
constitutionalProvisionInterpreted
Taxing and Spending Clause ("Spending Clause")
Taxing and Spending Clause ("Taxing Clause")
Taxing and Spending Clause ("General Welfare Clause")
alsoKnownAs
Congressional tax-writing committees ("Taxing and Spending Clause of the United States Constitution")
Public Law 106-274 ("Spending Clause")
Religious Land Use and Institutionalized Persons Act ("Spending Clause of the United States Constitution")
constitutionalBasis
General Welfare Clause doctrine ("Spending Clause")
General Welfare Clause doctrine
basedOn
General Welfare Clause doctrine ("Spending Power Doctrine")
General Welfare Clause doctrine ("Taxing Power Doctrine")
relatedConcept
Hylton v. United States ("Taxing and Spending Clause of the United States Constitution")
appliedProvision
South Dakota v. Dole ("Spending Clause of Article I, Section 8, Clause 1 of the U.S. Constitution")
appliesConstitutionalProvision
Butler ("Spending Clause of the U.S. Constitution")
constitutionalProvisionInvolved
Article I, Section 8 of the U.S. Constitution
contains
Article I of the United States Constitution
containsClause
Wickard v. Filburn ("Article I, Section 8, Clause 3 of the United States Constitution")
hasConstitutionalProvision
Origination Clause
isRelatedTo
United States v. Butler
lawApplied
Title IX ("Spending Clause of the U.S. Constitution")
legalBasis
Commerce Clause
relatedProvision
Import-Export Clause
relatedTo
11-400 ("Taxing and Spending Clause of the United States Constitution")
relatedTopic
Article I, Section 8, Clause 17 of the United States Constitution ("Powers of Congress")
subjectMatter

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