Taxing and Spending Power Forum

[vanwinkle]

Correct, it's an independent power granted to Congress. Butler makes this clear (and also makes clear that like Congress' other independent powers it has constraints). You'll want to point this out on the exam if it comes up (both that it's an independent power and that it is so because the Court says it is), as part of your explanation of why you're analyzing it independently of the other clauses. That's why I set up my model answer the way I did.

[BCLS]

http://nationalparalegal.edu/conlawcrim ... Powers.asp

This was pretty helpful too!