A Letter to Grover Cleveland: On His False Inaugural Address, The Usurpations and Crimes of Lawmakers and Judges, and the Consequent Poverty, Ignorance, and Servitude Of The PeopleSpooner, Lysander
Philosophy
A Letter to Grover Cleveland: On His False Inaugural Address, The Usurpations and Crimes of Lawmakers and Judges, and the Consequent Poverty, Ignorance, and Servitude Of The People
Spooner, Lysander
Cleveland, Grover, 1837-1908; United States -- Politics and government
Congress has the same power to tax all other property, that it has to
tax money. And if the power to tax money is a power to prohibit money,
then it follows that the power of congress to tax all other property
than money, is a power to prohibit all other property than money; and a
power to prohibit all other property than money, is a power to give
monopolies to all such other property as congress may not choose to
prohibit; or may choose to specially license.
On such reasoning as this, it would follow that the power of congress to
tax money, and all other property, is a power to prohibit all money, and
all other property; and thus to establish monopolies in favor of all
such money, and all such other property, as it chooses not to prohibit;
or chooses to specially license.
Thus, this reasoning would give congress power to establish all the
monopolies, it may choose to establish, not only in money, but in
agriculture, manufactures, and commerce; and protect these monopolies
against infringement, by imposing prohibitory taxes upon all money and
other property, except such as it should choose not to prohibit; or
should choose to specially license.
Because the constitution says that "congress shall have power to lay and
collect taxes," etc., to raise the revenue necessary for paying the
current expenses of the government, the court say that congress have
power to levy prohibitory taxes--taxes that shall yield no revenue at
all--but shall operate only as a penalty upon all industries and
traffic, and upon the use of all the means of industry and traffic, that
shall compete with such monopolies as congress shall choose to grant.
This is no more than an unvarnished statement of the argument, by which
the court attempts to justify a prohibitory "tax" upon money; for the
same reasoning would justify the levying of a prohibitory tax--that is,
penalty--upon the use of any and all other means of industry and
traffic, by which any other monopolies, granted by congress, might be
infringed.
There is plainly no more connection between the "power to lay and
collect taxes," etc., for the necessary expenses of the government, and
the power to establish this monopoly of money, than there is between
such a power of taxation, and a power to punish, as a crime, any or all
industry and traffic whatsoever, except such as the government may
specially license.
This whole cheat lies in the use of the word "tax," to describe what is
really a penalty, upon the exercise of any or all men's natural rights
of providing for their subsistence and well-being. And none but corrupt
and rotten congresses and courts would ever think of practising such a
cheat.
2. The second provision of the constitution, relied on by the court to
justify the monopoly of money, is this:
The congress shall have power to coin money, regulate the value
thereof, and of foreign coins.
Public-domain text, read in full here on John Shaqi.
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