LAW 606 Lecture Notes - Lecture 5: Justiciability, Federal Bank, Enumerated Powers
1 Jun 2020
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Isolate the means: ends, look at the ends to see if there are appropriate means to get to that end, applying the means-ends test, justiciable general test. Is it something that the court can apply w/ certainty: test is difficult to apply subjective reading depends on what congress intended for the act to do. No- states cannot impede of retard the powers of the federal government for two reasons: (the third reason is secondary: the rights never existed because they never had the right to tax the federal government. The reservation of the 10th amendment only reserves powers they had. Page 1 of 5: the power to tax is the power to destroy. When the two collide, the federal government wins. Md loses: no taxation without representation : he argues that you cannot impose a tax on people that cannot vote against it in congress.
