Deck 8: National Taxing and Spending Power

Question 1

Hylton v. United States involved a tax on _____.

A) lotteries
B) oleomargarine
C) whiskey
D) carriages

Answer 1

D

Question 2

Justice ______ did not file an opinion in Hylton v. United States.

A) Cushing
B) Patterson
C) Iredell
D) Chase

Answer 2

A

Question 3

The Constitution specifies that indirect taxes are to be levied according to the rule of _____.

A) fairness
B) apportionment
C) uniformity
D) population

Answer 3

C

Question 4

Pollock v. Farmers' loan and Trust Co. involved _____.

A) an income tax
B) a tax on carriages
C) tariffs
D) a tax on oleomargarine

Question 5

What change in the Constitution was brought about as a result of reaction to Pollock v. Farmers' Loan and Trust Co.? _____

A) Seventeenth Amendment
B) Eighteenth Amendment
C) Nineteenth Amendment
D) Sixteenth Amendment

Question 6

McCray v. United States involved ____.

A) an income tax
B) a tax on carriages
C) tariffs
D) a tax on oleomargarine

Question 7

Congress's power to tax is an example of ____.

A) an implied power
B) an enumerated power
C) an exclusive power
D) resulting power

Question 8

The majority opinion in Bailey v. Drexel Furniture Co. was written by ____.

A) Chief Justice Taft
B) Justice Brandeis
C) Justice Roberts
D) Justice Stone

Question 9

Rumsfeld v. Forum for Academic and Institutional Rights involved ____.

A) the Solomon Amendment
B) the Fourth Amendment
C) the taxing power
D) the Hyde Amendment

Question 10

South Dakota v. Dole involved ____.

A) the income tax
B) agricultural price supports
C) the drinking age
D) a national speed limit

Question 11

According to Justice Stone in United States v. Butler, "the only check upon our own exercise of power is ____.

A) "the President"
B) "the Constitution"
C) "the people"
D) "our own sense of self-restraint"

Question 12

The majority opinion in In National Federation v. Sebelius (2012) bears the name of _____.

A) Justice Kennedy
B) Justice Ginsburg
C) Chief Justice Roberts
D) Justice Breyer

Question 13

In what way does Hylton v. United States anticipate John Marshall's opinion in Marbury v. Madison?

Question 14

In evaluating Congress' powers under the spending clause, what difference does it make whether the Court prefers the Hamiltonian or Madisonian Theory?

Question 15

In United States v. Butler, did the Court rely on the Madisonian or Hamiltonian theory? Explain.

Question 16

According to Justice Roberts's opinion for the majority in United States v. Butler, what was the Court's task in weighing the constitutionality of an act of Congress?

Question 17

What is the connection between Bailey v. Drexel Furniture Co. and Hammer v. Dagenhart?

Question 18

How has the Supreme Court interpreted the power to tax to enhance congressional power? Refer to leading cases to illustrate your points.

Question 19

In what way did McCray v. United States almost convert the taxing power into a "political question"?

Question 20

What role did the taxing power play in the Court's decision in National Federation v. Sebelius (2012)? Explain.

Question 21

Explain the basis of Justice O'Connor's dissent in South Dakota v. Dole(1987)?