Discussion Question 1: Gun License Fees-Constitutional or Not?
The Right to Bear Arms was granted to the American people through our US Constitution. Here, you will research that right along with whether Congress can place limits on this type of Constitutional right.
A woman believes that she is being stalked, and she wants to buy a gun for protection. She must pay a fee, which includes registration and a background check, to obtain a license for the gun.
She does not want to pay, and she threatens she will sue everyone related if she is hurt or raped by the alleged stalker. She feels the state cannot impose a license, tax, or fee on a constitutionally protected right. Is she correct?
Can Congress enforce a tax with a regulatory effect?
Support your discussion with relevant citation from the law.
Discussion Question 2: General Welfare Clause
On this assignment, you will have the opportunity to learn about the government's power to tax and spend. In addition, the class will discuss whether this power given to Congress is appropriate when focusing specifically on the General Welfare.
The Treasury Department issued a report on the government debt reaching $6.4 trillion. It said that the needs of Congress seemed to grow and this called for some regulations to stop unnecessary spending.
Under the US Constitution Article I, Section 8, the General Welfare Clause, federal spending is limited to establishing courts, punishing crime, and maintaining the Army and Navy. Section 8 could provide justification for $2.1 trillion spent, but the question where the rest of the money was spent still remained.
Based on the above information, answer the following questions:
Do you think it is proper to give Congress the power to tax and spend on general welfare? Analyze.
In your opinion in which cases is federal expenditure beyond the provision of Section 8 justified?
If the federal government does not have the right to spend on these non-Section 8 items, where should this funding come from
Comment on the postings of at least two peers.