Monopolies -- United States; Railroads and state -- United States
It is not difficult to distinguish what are proper objects of public
support and for which taxes can be levied and collected from those that
are not, if we keep in sight the fundamental or organic law. In the
formation of a republic no new rights are created. The adoption of a
constitution is but declaratory of pre-existing rights and laws; its
object is to define and limit the powers of the government, and to guard
and protect the rights of the citizens. An eminent jurist, in speaking
of the constitution, uses the following clear and forcible language: "It
is not the beginning of a community, nor the origin of private rights;
it is not the fountain of law, nor the incipient state of government; it
is not the cause, but the consequence, of personal and political
freedom; it grants no rights to the people, but is the creation of their
power, the instrument of their convenience, designed for their
protection in the enjoyment of the rights and powers which they
possessed before the constitution was made; it is but the frame-work of
the political government, and necessarily based upon the pre-existing
condition of laws, rights, habits, and modes of thought. There is
nothing primitive in it; it is all derived from a known source. It
pre-supposes an organized society, law, order, property, personal
freedom, a love of political liberty, and enough of cultivated
intelligence to know how to guard it against the encroachments of
tyranny. A written constitution is, in every instance, a _limitation_
upon the powers of the government in the hands of agents, for there
never was a written republican constitution which delegated to
functionaries all the _latent powers_ which lie _dormant_ in every
nation, and are boundless in extent, and incapable of definitions."
Keeping in mind the distinction existing between measures of a
governmental or public nature, and those that are private, and applying
the above quoted definition of constitutional power, we cannot find it
difficult to determine what are, and what are not, constitutional levies
and collection of taxes.
Public-domain text, read in full here on John Shaqi.
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