OVERVIEW
This essay requires you to demonstrate an understanding of legislative power that is consistent with a biblical worldview. The United States Constitution does not vest Congress with all civil power. Congress may only exercise “legislative” or lawmaking power. Moreover, each assertion of Congress’s legislative power must be found among the enumerated powers in the Constitution and it must be exercised for a proper purpose. For example, Congress may impose a tax, but it must do so for a proper purpose authorized by the Constitution. Additionally, Congress may not exercise legislative power that is prohibited elsewhere in the Constitution itself or by the Laws of Nature and of Nature’s God. This subject/purpose analysis is consistent with a biblical worldview because it recognizes that legislative power is constrained by both the constitutional covenant “We the people” have made with those who govern, and by the ultimate Lawgiver who rules over all human governments.
Assume the Congress passes the Border Security Tax and the President signs it into law. The
stated purpose of the tax is to raise funds to build a wall at the border of the United States and Mexico in order to stem the tide of illegal immigration. Discuss whether the Border Security Tax is a valid exercise of the taxing power under Article I, Section 8 of the U.S. Constitution according to the biblical worldview discussed in the course materials. Fully explain your position.
