[1] Jacobson _v._ Massachusetts, 197 U.S. 11, 22 (1905).

[2] 1 Story, Commentaries on the Constitution, § 462.

The Constitution of the United States of America: Analysis and Interpretation — Part 71

[3] McCulloch _v._ Maryland, 4 Wheat. 316, 403 (1819); Chisholm _v._ Georgia, 2 Dall. 419, 470 (1793); Martin _v._ Hunter, Wheat. 304, 324 (1816).

The Constitution of the United States of America: Analysis and Interpretation — Part 71

[4] Downes _v._ Bidwell, 182 U.S. 244, 251 (1901); In re Ross, 140 U.S. 453, 464 (1891).

The Constitution of the United States of America: Analysis and Interpretation — Part 71

Section 1. Nature of legislative power: Page Doctrine of enumerated powers 71 Nondelegability of legislative power 73 Origin of doctrine 73 Functions which may be delegated 74 Power to supplement statutory provisions 74 Standards for administrative action 75 Rule-making power 76 Orders directed to particular persons 77 Delegation to private persons 78 Power to give effect to contingent legislation 79 Modification of tariff laws 79 Arms embargo 80 Internal affairs 80 Emergency statutes 81 Punishment of violations 82 Congressional investigations 82 Investigations in aid of legislation 82 Conduct of executive department 82 Private affairs 83 Purpose of inquiry 84 Judicial functions 85 Sanctions of the investigatory power 85 Contempt 85 Criminal prosecutions 85 Sections 2 and 3. House of Representatives and Senate: Qualifications of Members of Congress 87 Right to vote for Representatives and Congressional protection thereof 87 When the qualifications must be possessed 88 Enlargement of qualifications 88 Inability of States to enlarge 89 Census requirement 90 Section 4. Elections and meetings: Federal legislation under this clause 92 Legislature defined 93 Inequality of election districts 93 Congressional protection of the electoral process 94 Section 5. Powers and duties of the houses: Power to judge elections 95 Quorum to do business 96 Rules of procedure 96 Powers of the houses over members 97 Duty to keep a journal 98 Section 6. Compensation, immunities, and disabilities of Members: When the pay starts 99 Privilege from arrest 99 Privilege of speech or debate 99 Incompatible offices 101 Section 7. Legislative process: Revenue bills 102 Approval by the President 103 Veto power 103 Presentation of resolutions 104 Section 8. Powers of Congress: Clause 1. Taxing-spending power 105 Kinds of taxes permitted 105 Decline of forbidden subject matter test 105 Rise and fall of Collector _v._ Day 106 Federal taxation of State interests 106 Immunity left to the States 108 Conflicting views on the court 108 Rule of uniformity 109 Purposes of taxation 110 Regulation by taxation 110 Extermination by taxation 110 Protective tariff 112 Spending for the general welfare 112 Hamilton _v._ Madison 113 Triumph of Hamiltonian theory 113 Security Act Cases, The 115 Earmarked funds 116 Conditional grants-in-aid 116 "Debts of the United States" 116 Clause 2. Borrowing power 117 Clause 3.