Early American Writing (Penguin Classics) by PDF

ISBN-10: 1101522801

ISBN-13: 9781101522806

Drawing fabrics from journals and diaries, political records and non secular sermons, prose and poetry, Giles Gunn's anthology offers a wide ranging survey of early American lifestyles and literature—including voices black and white, female and male, Hispanic, French, and local American.

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59] This is an independent power, just like the Commerce power. So Congress could spend to achieve a purely local benefit, even one that it couldn't achieve by regulating under the Commerce power. 2. Use of conditions: Congress may place conditions upon use of its spending power, even if the congressional purpose is in effect to regulate. Conditions placed upon the doling out of federal funds are usually justified under the ''Necessary and Proper" Clause (which lets Congress use any means to seek an objective falling within the specifically-enumerated powers, as long as the means is rationally related to the objective, and is not specifically forbidden by the Constitution).

Instead, the phrase "for the general welfare" describes the circumstances under which Congress may use its "taxing and spending" power. So if Congress is regulating (rather than taxing and spending), it must find a specific grant of power (like the Commerce Clause), and it's not enough that the regulation will promote the general welfare. [60] THE SEPARATION OF POWERS IV. A. Separation of powers generally: Let's now review some of the major practical consequences that come from the fact that each federal branch gets its own set of powers.

Garcia v. San Antonio Metropolitan Transit Authority] 2. Use of state's law-making mechanisms: But the Tenth Amendment does prevent Congress from interfering in certain ways with a state's law-making processes. " [New York v. United States] [50-53] "commandeer the legislative processes of the states by directly Example: Congress provides that each state must arrange for the disposal of toxic waste gen­ erated within its borders, or else be deemed to "take title" to the waste and thereby become lia­ ble for tort damages stemming from it.

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