Judicially Imposed Taxation and Desegregation: Missouri v. Jenkins
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Authors
Andersen, Stanley J.
Issue Date
1991
Type
Journal Article
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Abstract
INTRODUCTION|The federal judiciary has traditionally stated that the federal courts have no power to levy taxes. But recent federal court opinions suggest that this is no longer true. Justice Harlan F. Stone has said the only limit on the power of the United States Supreme Court is its own sense of self restraint. Part of the reason behind the movement from a limited judicial power to a judicial power limited only by the self-restraint of the justices appears to be the fear that, in some extreme cases, the judicial system will be unable to remedy a constitutional violation. Any limit on judicial power, however, will inherently leave some extreme cases where the courts will be unable to provide an adequate remedy...
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Citation
24 Creighton L. Rev. 289 (1990-1991)
Publisher
Creighton University School of Law