Our Changing ConstitutionPierson, Charles W. (Charles Wheeler)
History
Our Changing Constitution
Pierson, Charles W. (Charles Wheeler)
Constitutional history -- United States; United States -- Politics and government
History and radical character of amendment. Efforts to defeat it in the
courts. Unusual course taken by Supreme Court. Discussion of its true
place in the development of American constitutional law. Less a point of
departure than a spectacular manifestation of a change already under
way. Effect of the change on the principle of local self-government.
V. THE NINETEENTH OR WOMAN SUFFRAGE AMENDMENT 49
Attitude of the Constitution toward question of suffrage qualifications.
Effect of Civil War amendments. Growth of woman suffrage movement and
adoption of Suffrage Amendment. How far the amendment constitutes a
federal encroachment on state power. Effect of woman suffrage on
questions of governmental theory.
VI. CONGRESS VERSUS THE SUPREME COURT--THE CHILD LABOR LAWS 59
The child labor question. Philanthropic and commercial aspects. Attempt
of Congress to legislate under power to regulate commerce. Decision of
Supreme Court holding law unconstitutional. The decision explained.
Reënactment of law by Congress under cover of power to lay taxes.
Arguments for and against constitutionality of new enactment.
VII. STATE RIGHTS AND THE SUPREME COURT 69
The Supreme Court at first a bulwark of national power; to-day the
defender of the states. Explanation of this apparent change. Attitude of
the Court in the first period. The period of Chief Justice Marshall. The
period of Chief Justice Taney. The Reconstruction Period. Attitude of
the Court to-day. Reasons why the Court is unable to prevent federal
encroachment. Attitude of Hamilton and Marshall toward state rights
misunderstood.
VIII. THE FEDERAL TAXING POWER AND THE INCOME TAX AMENDMENT 85
America's embarrassing position if the late war had come before adoption
of Income Tax Amendment. Limitations of federal taxing power under the
Constitution. Meaning of "uniformity." Apportionment of "direct taxes."
The Supreme Court decision in the Income Tax cases in 1894 a reversal of
long settled ideas. The Income Tax Amendment an example of recall of
judicial decisions. Implied limitations on federal taxing power
(compensation of federal judges, due process clause of the Constitution,
no power to tax property or governmental activities of the states).
IX. CAN CONGRESS TAX THE INCOME FROM STATE AND MUNICIPAL BONDS? 97
No express prohibition of such taxation; it lies in an implied
limitation inherent in our dual system of government. Discussion of
doctrine and its development by the Supreme Court. Effect of the Income
Tax Amendment. Present dissatisfaction with doctrine and efforts to
abolish it.
X. IS THE FEDERAL CORPORATION TAX CONSTITUTIONAL? 106
Nature of the tax. An interference with state power to grant corporate
franchises. Nature of our dual government and Supreme Court decisions on
the subject discussed. The debate in Congress.
XI. THE CORPORATION TAX DECISION 122
Importance of the decision likely to be overlooked. Criticism of the
Court's arguments. Effects of the decision.
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