Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
Whatever may be the general language to be found in some judicial
decisions, and whatever may be the extreme power of our state
legislatures in the abstract, it is hardly conceivable that any state
would attempt to escheat or confiscate all the property of decedents to
the exclusion of children and near relatives, or that it would wholly
deny the right of testamentary disposition. At any rate, if escheat or
confiscation were ever decreed, it would have to be by laws applying
equally to all decedents, and not merely to a selected class. The
guaranties of the fourteenth amendment would prevent any discrimination.
But, however unlimited the power of the states may be in this regard,
there can certainly be no doubt that it was not the intention of
the framers of the Constitution of the United States to delegate to
Congress the power to regulate successions to the estates of decedents
or the privilege of testamentary disposition or inheritance. No one has
yet seriously claimed that any such authority is within the legitimate
sphere of the national government as contemplated by its founders.
The power of regulating successions to the property of decedents was
reserved to the states, and the courts would undoubtedly hold that any
direct attempt on the part of Congress to regulate successions as such,
or the ownership or transfer of property, was in excess of its powers.
In dealing with successions, therefore, Congress can only exercise the
power of taxation.
Yet it is urged that, as Congress has the power to tax successions, it
may under the guise of exercising that power regulate inheritances and
thereby break up large fortunes and force a redistribution of wealth.
In other words, the argument is that Congress may, under the cover or
pretense of a tax law, accomplish indirectly an object which, for want
of power, it could not accomplish directly, although the accomplishment
of this object would constitute a deliberate encroachment upon the
reserved rights of the states.
Public-domain text, read in full here on John Shaqi.
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