Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
There is great danger in this view, and it opens the door to abuse by
Congress of the power of taxation. If a federal statute purports on
its face to be a tax measure, and in fact to some extent operates to
that end, the courts cannot ordinarily set it aside, even though the
motive for its enactment be to accomplish an object not entrusted to
the national government. The jurisdiction of the courts is limited.
Legislation which seeks to effect illegitimate ends cannot always
be nullified. The power of Congress to levy a graduated inheritance
tax as a revenue measure would be practically unlimited unless,
in the particular instance, the law were so extravagant, and its
unconstitutional object so plain, as to establish beyond doubt an
unauthorized purpose. It is not within the province of the judicial
power to determine whether a given tax which raises revenue is
reasonable or unreasonable, or to inquire into the motives of Congress
in enacting the law. The courts might not, therefore, be able to set
aside an inheritance tax law passed by Congress even if it absorbed
fifty per cent. or more of successions, although it might be quite
apparent that the real object of the law was to invade the province
of the states and to regulate inheritances in clear violation of the
spirit of the Constitution.
Nothing could be better calculated ultimately to undermine our whole
system of constitutional government than the idea that the courts alone
are the guardians of the Constitution and that Congress may rightfully
enact any statute which the courts cannot properly nullify. The truth
is that the duty of preserving and defending the Constitution in all
its integrity is vested in Congress and the President far more than in
the courts, and that if Congress and the President do not observe the
restraints and limitations imposed by the Constitution, Congress may
pass many statutes which are unconstitutional in substance but which
the courts cannot set aside. It is often urged that all questions of
constitutionality should be left to the courts and not be passed upon
by Congress or the President. The true doctrine, however, is that
Congress should not enact and the President should not approve any
statute which they, as the agents and representatives of the people,
are not satisfied seeks to accomplish a legitimate end within the scope
of some power delegated to Congress and not reserved to the states or
to the people. They should first determine, as their oath of office
requires, whether, according to their best judgment, the act is or is
not constitutional. It was the distinct intention of the framers of
the Constitution, and they so provided in express words, that every
member of Congress, every senator and every representative, should be
bound by oath or affirmation to support the Constitution, and that the
President, especially, should be charged with the duty of preserving,
protecting and defending it to the best of his ability. This duty
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