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Art. I, Sec. 8, cl. 5 explicitly grants Congress the power to coin money. It restricts the individual states to only using gold and silver as legal tender. In
by bbatsell 16y ago
Art. I, Sec. 8, cl. 5 explicitly grants Congress the power to coin money. It restricts the individual states to only using gold and silver as legal tender.
Income taxes were never "banned". Before Pollock v. Farmers' Loan & Trust in 1895, federal income taxes were considered an "indirect" tax constitutionally, and thus only had to meet the requirements of Art. I, Sec. 8, cl. 1, which was that taxes must be uniform geographically. Pollock declared federal income taxes a "direct" tax, which thus had to meet further requirements under Art. I, Sec. 2, cl. 3, which called for the receipts of direct taxes to be apportioned proportionally to the population of each individual state.
The Sixteenth Amendment (ratified 18 years after Pollock) lifted the requirement of proportional distribution; it did not change the constitutionality (or unconstitutionality) of federal income taxes.