Congress

Question 1

Direct Tax apportionment rule

Answer 1

Article I, Section 9 provides that “no . . . direct tax shall be laid, unless in proportion to the Census[.]” Although there is dispute as to the types of taxes that are encompassed within the definition of a direct tax, a tax on real property interests is undisputedly a direct tax. To satisfy the apportionment rule, a state with twice the population of another state would have to pay twice the tax, even if the more populous state’s share of the national tax base were smaller.

Question 2

Necessary and Proper clause

Answer 2

The Necessary and Proper Clause enables Congress to enact laws that carry into execution a treaty that’s been negotiated by the President and ratified by the Senate in the exercise of their constitutional powers. Such laws are valid regardless of whether Congress has some other enumerated power that might be relevant—such as the Spending Power

Question 3

Detainee retains the privilege to file a habeas corpus petition RULE

Answer 3

Under the Suspension Clause of Article I, Section 9, Clause 2, a detainee retains the privilege to file a habeas corpus petition unless this privilege is suspended. This clause applies to individuals detained in a territory over which the United States has sovereign control, even though such territory is outside the United States.