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To: philman_36

Maybe there is something you can "cut-n-paste" that directly addresses that.

I did, too bad you still fail to comprehend the importance of it.

Stanton v. Baltic Mining Co.(1916), 240 U.S. 103:


256 posted on 01/15/2003 11:15:23 AM PST by ancient_geezer
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To: ancient_geezer
Now say so in your own words, if you can, without any cut-n-paste.
259 posted on 01/15/2003 11:26:44 AM PST by philman_36
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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
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