PSCI 3322 Lecture Notes - Lecture 22: Arizona Sb 1070, Fifth Amendment To The United States Constitution, William Rehnquist
25 Jan 2017
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Facts: congress adopted the gamblers occupational tax act which required gamblers to register with the collector of internal revenue and levied a tax on their gambling income. Question of law: did the act violate the 5th and 10th amendment. Reed argued that the law did not violate a person"s. 5th amendment right against self-incrimination because under its registration provisions, individuals were not compelled to confess to acts already committed. The statute informed people who wanted to engage in business of wagering that they would be required to fulfill certain conditions. 10th amendment was not offended as reed found that the tax produced revenue and was not inconsistent with similar taxes which the court had previously approved. Facts: congress enacted legislation ordering the sec of transportation to withhold 5% of federal highway funds from states that did not adopt a 21- year old minimum drinking age. South dakota who allowed 19 year olds to purchase alcohol challenged the law.
