History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
In the class of conditional prohibitions, or those acts which might be
done by the States with the consent of Congress, the committee of
detail had placed the laying of "imposts or duties on imports." To
this the Convention added "exports," in order to make the restriction
applicable both to commodities carried out of and those brought into a
State. But this provision, as thus arranged, would obviously make the
commercial system extremely complex and inconvenient. On the one hand,
the power to lay duties on imports had been conferred upon the general
government, for the purposes of revenue, and to leave the States at
liberty, with the consent of Congress, to lay additional duties, would
subject the same merchandise to separate taxation by two distinct
governments. On the other hand, if the States should be deprived of
all power to lay duties on exports, they would have no means of
defraying the charges of inspecting their own productions. At the same
time, it was apparent that, under the guise of inspection laws, if
such laws were not to be subject to the revision of Congress, a State
situated on the Atlantic, with convenient seaports, could lay heavy
burdens upon the productions of other States that might be obliged to
pass through those ports to foreign markets. Again, if the States
should be deprived of all power to lay duties on imports, they could
not encourage their own manufactures; and if allowed to encourage
their own manufactures by such State legislation, it must operate not
only upon imports from foreign countries, but upon imports from other
States of the Union, which would revive all the evils that had flowed
from the want of general commercial regulations. To prevent these
various mischiefs, the Convention adopted three distinct safeguards.
They provided, first, by an exception, that the States might, without
the consent of Congress, lay such duties and imposts as "may be
absolutely necessary for executing their inspection laws"; second,
that the net produce of all duties and imposts laid by any State,
whether with or without the consent of Congress, shall be for the use
of the Treasury of the United States; third, that all such State laws,
whether passed with or without the previous consent of Congress, shall
be subject to the revision and control of Congress.[306] There is,
therefore, a twofold remedy against any oppressive exercise of the
State power to lay duties for purposes of inspection. The question
whether the particular duties exceed what is absolutely necessary for
the execution of an inspection law, may be made a judicial question;
and in addition to this, the law imposing the inspection duty is at
all times subject to the revision and control of Congress. Any
tendency to lay duties or imposts for purposes of revenue or
protection, is checked by the requirement that the net produce of all
duties or imposts laid by any State on imports or exports shall be
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