Commonwealth of Massachusetts Plaintiff V Andrew W Mellon Secretary of the

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And certainly Congress has taken this view, for in the Adams Act (Act of March 16, 1908, 34 Stats. 63), the Smith-Lever Act (Act of May 8, 1914, 38 Stats. 372), and the Smith-Hughes Act (Act of Feb. 23, 1917, 39 Stats. 929) it has followed its appropriations of public lands and their proceeds with appropriations of large sums of money raised by general taxation for the purpose of the advancement of education throughout the country.
SECOND: In the interest of the general welfare Congress may pro
...vide for the expenditure by the several States of funds raised by federal taxation.
It is universally recognized as a fundamental principal of American constitutional law that the legislative branch of the government cannot delegate its essential legislative functions to any other agency. This results from the clear declaration in our constitutions, both federal and state, that all legislative power shall vest in the law-making bodies which are thereby created. This does not mean that Congress cannot delegate any of the powers which it has a right to exercise.


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