Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
extends not only to the letter but to the spirit of the Constitution.
It will be a lamentable exhibition of a lack of what may well be
termed constitutional morality if, in the debates on the pending
measures, we shall again hear the suggestion that objects concededly
outside the scope of any power delegated to the national government
may nevertheless be accomplished indirectly by means of a federal
inheritance tax, in violation of the reserved rights of the state
governments.
If, in framing an inheritance tax law, Congress will bear in mind
that the regulation of successions to the property of decedents is a
matter solely within the jurisdiction of the states and ought not to
be usurped by the federal government, the object of raising revenue
alone may lead to fair and reasonable taxes levied impartially upon
all who should be called upon to pay for the support and maintenance
of the common government whose protection they enjoy. It would then,
perhaps, be better appreciated that the states have important and
extensive governmental functions to perform; that they need inheritance
taxes for the support of their governments, schools, charities, police
and public improvements, and that any heavy federal succession taxes
would embarrass and cripple them. It is, of course, one thing to
resort to a federal inheritance tax as a temporary war measure, when
patriotism inspires ready acquiescence and willing sacrifice, and
quite a different thing to establish such a tax as a permanent method
of raising national revenue in times of peace and prosperity when the
effect may be to withdraw that source of revenue from the states.
The subject of federal income taxes remains to be considered. There is
no doubt that any state may levy income taxes. Nor is there any doubt
that, under the federal Constitution as it now stands, Congress may
levy an income tax provided it be apportioned according to population
as required in regard to all direct federal taxes. There is also no
doubt that Congress, by means of an excise tax, may reach income
derived from any business or profession, and that any such tax, being
essentially an excise tax on business, need not be apportioned but
need merely be uniform throughout the United States. For example, a
tax on the earnings of railroads and manufacturing businesses could be
levied without apportionment, and it would produce a large revenue. It
would also have the advantage of tapping income at the source. A tax by
Congress on lands and personal property as such would, no one disputes,
be a direct tax and subject to the rule of apportionment, and a tax on
the income of property is in substance and practical and legal effect
the equivalent of a tax on the property itself.
Public-domain text, read in full here on John Shaqi.
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