Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2) — John Shaqi
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
History
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
only by the duty of appropriating to the purposes of the common defence,
and of general, not local, benefit. The first of these positions will be
conceded by every one. The second admits of some doubt. Its soundness
depends upon the true interpretation of the first of the enumerated
powers of the Federal Constitution, that which contains the grant of the
taxing power.[10] This is not the place to enter upon the discussion of
controverted questions of constitutional interpretation. But all
students of the Federal Constitution are aware that the grammatical
construction of the clause to which Mr. Monroe referred, admits of, and
has been claimed to admit of, two interpretations. Read by itself, and
without reference to the other enumerated powers, this clause has been
supposed by some persons to grant an unlimited power to tax for any
purpose that in the judgment of Congress will promote the general
welfare of the United States, provided only that the taxation is
uniform. On the other hand, it has been contended that the clause is not
a broad, independent, and specific power to tax for any object that will
promote the general welfare of the United States, but that it is limited
to the promotion of the general welfare through the exercise of some one
or more of the other enumerated powers of the Constitution, each of
which must receive its own scope from a just interpretation before the
people of the United States can be taxed for the means of exercising
that power. Viewed in the latter sense, the clause contains a grant of
the power of taxation, general and universal in its nature, but limited
as to its objects by the objects of each of the other enumerated powers.
Viewed in the former sense, it becomes a separate and independent power
to tax for any object that will promote the general welfare, without
reference to the exercise of any of the specific powers of the
Constitution which form the objects for which the Federal Government was
created.
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