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To: Jim Robinson

http://www.oyez.org/cases/1901-1939/1921/1921_657


9 posted on 12/25/2009 2:07:52 PM PST by TornadoAlley3 (Obama is everything Oklahoma is not.)
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To: TornadoAlley3
Right on.

Conclusion:
Yes. The Court found that the Child Labor Tax Law was in violation of the Constitution as it intruded on the jurisdiction of states to adopt and enforce child labor codes. Chief Justice Taft argued that the tax law in question did much more than simply impose an "incidental restraint" but exerted a "prohibitory and regulatory effect" in a realm over which Congress had no jurisdiction. Taft feared that upholding this law would destroy state sovereignty and devastate "all constitutional limitation of the powers of Congress" by allowing it to disguise future regulatory legislation in the cloak of taxes.

45 posted on 12/25/2009 3:43:20 PM PST by Jim Robinson (Join the TEA Party Rebellion!! May God and TEA save the Republic!!)
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