Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
In the Virginia convention, from Randolph and from Henry, arguing
respectively for and against the grant, we get our certain knowledge
that the apportionment limitation on the exercise of the granted
power was a purely federal limitation aimed entirely to secure to the
respective state governments the just amount of the moneys which could
be collected by taxation from the Americans living in the respective
states.
Randolph argued: “The difficulty of justly apportioning the taxes among
the states, under the present system, has been complained of; the rule
of apportionment being the value of all lands and improvements within
the states. The inequality between the rich lands of the James River
and the barrens of Massachusetts has been thought to militate against
Virginia. If taxes could be laid according to the real value, no
inconvenience could follow; but, from a variety of reasons, this value
was very difficult to be ascertained; and an error in the estimation
must necessarily have been oppressive to a part of the community.
But, in this new Constitution, there is a more just and equitable
rule fixed--a limitation beyond which they cannot go. Representatives
and taxes go hand in hand; according to the one will the other be
regulated.... At present, before the population is actually numbered,
the number of representatives is 65. Of this number, Virginia has a
right to send ten; consequently she will have to pay ten parts out
of sixty-five parts of any sum that may be necessary to be raised by
Congress. This, sir, is the line.” (Randolph, 3 _Ell. Deb._ 121.)
As to the granted power of direct taxation, Henry argued: “We all agree
that it is the most important part of the body politic. If the power of
raising money be necessary for the general government, it is no less so
for the states.... The general government being paramount to the state
legislatures, if the sheriff is to collect for both--his right hand
for Congress, his left for the state--his right hand being paramount
over the left, his collections will go to Congress. We shall have the
rest. Deficiencies in collections will always operate against the
states.... Congress will have an unlimited, unbounded command over the
soul of this Commonwealth. After satisfying their uncontrolled demands,
what can be left for the states? Not a sufficiency even to defray the
expense of their internal administration. They must therefore glide
imperceptibly and gradually out of existence.” (Henry, 3 _Ell. Deb._
148 _et seq._)
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