Constitutional Context

Constitutional Context



Constitutional Context

            The commerce clause of the United States Constitution enables the listed powers contained therein. It facilitates congress with the power to regulate respective commerce with foreign nations, several states while not excluding Indian tribes. Under the Rehnquist court era, use of the commercial clause has been slightly restricted to matters of trade in for example, interstate, and that of production. It has been controversial throughout history as regards its interpretation and power limitations. The taxing and spending clause contains provisions for general welfare and uniformity clauses. In the United States, the constitution grants federal government the power of taxation. The authorization to congress on levying taxes implores taxes for payment of debts for the country and provision of defense as well as general welfare of the US. The taxing and spending clause implies and constitutes spending power of the federal government in addition to that of taxes.

            The commercial clause and spending clause enable federalism on the United States as they facilitate the recognition of the national government and the governments of the state. They enable accountability and streamlining of the financial basis as regards spending and power limitations to taxes and commercial activities with foreign nations. Granting of more powers to the state governments is vital for federalism to be achieved. Once the states are able to determine the commercial powers, spending and financing of the federal government’s activities, there is a balance and checking effect. It will enable proper accountability from the federal government as well as provide prioritizing of ideal measures on matters of importance. In addition, the way of collecting taxes and payment of debts will be achieved through protocol and without failure just as strengthening of financial institutions.

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