Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
In the very early days of the Supreme Court, this knowledge of the
“convention” days was echoed in decisions which, _on that ground_, held
that certain taxes, which today might be regarded as direct taxation,
were not within the federal limitation as to apportionment of direct
taxes among the states. Among those taxes, those imposed without
apportionment, were a tax on carriages and receipts of insurance
companies and on the inheritance of real estate. Even as late as the
days of the Civil War, when a tax was imposed upon incomes and without
apportionment among states, the Supreme Court held that such tax was
not a direct tax within the meaning of “direct tax” to those who
imposed the federal limitation.
Nevertheless, when the income tax law of 1894 had been enacted, its
opponents again carried to the Supreme Court the claim that it violated
the federal limitation on the power of direct taxation, because it did
not apportion the tax among the states. And the Supreme Court, by a
divided vote and on the ground that a tax on the income from land was a
tax on the land itself and consequently a direct tax, held the Income
Tax Law of 1894 to be void. It was by reason of this decision that the
Sixteenth Amendment was proposed and adopted, making the _federal_
change in the Constitution that lifted the _federal_ limitation from
the national power of direct taxation insofar as a tax on incomes was
concerned.
In these decisions, as in the many others which have followed the same
clear American concept of duty and power, the Supreme Court has always
known and followed the reason stated by Hamilton for its existence as
part of the _limited_ government of the one American people.
In _Federalist_, Nos. 78 and 81, appealing to the Americans to make
the Constitution, Hamilton points out that the Constitution does not
authorize the Supreme Court to exercise its will to make the law what
the Court thinks it _ought to be_, but does impose upon the Court the
duty of exercising its judgment to ascertain what the law _has been
made_ by those competent to make it. And then he points out that the
Supreme Court, in this Constitution of a self-governing people, is made
the great bulwark of the people against legislative encroachment upon
the rights or powers of the people reserved to themselves.
This knowledge of Hamilton has been the knowledge of the Supreme
Court from its institution. It has been reiterated and explained and
expounded in that Court from the days of Marshall to our own day. It
has become part and parcel of the great traditions of that Court, which
are the foundation of the great respect which the average American
citizen pays to its decisions and its authority as his own great
protection against usurpation of power by other departments of his
various governments.
Public-domain text, read in full here on John Shaqi.
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