Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
a pension, pensions being for actual military service constitutional,
and are in the Southern States expressly permitted to Confederate
soldiers and their families--despite the implied prohibition of the
Fourteenth Amendment.
The last form of taxation, that of an excise upon licenses or trades,
is most usual in the South. An increasing number of trades are thus
being taxed or regulated. Sometimes the taxation is put under the
guise of a fee for examination and licensing, sometimes plainly as an
excise tax. Undoubtedly such taxation is against all the history
of our legislation demanding complete freedom of labor and trade.
Nevertheless, it has not been held unconstitutional by the States
except, of course, when touching a trade which is interstate commerce,
though the _examination_ occasionally has been. Such taxation has not
yet become popular in the North, except definitely for the purpose of
examination and license; but it is almost universal in the South, many
States indeed providing by their constitution or laws that all trades
and callings may be thus taxed. These taxes may be arbitrary in
amount, but are sometimes graded according to the amount of business
done. Such legislation has been sustained in so far as it is a tax or
a license imposed for protecting the public health in a reasonable
manner; thus, doctors, plumbers, nurses, dentists, etc., have been
submitted to such regulation, but in the case of blacksmiths its
constitutionality was in one State denied, and the law as to barbers
in several States annulled. Nevertheless, it will always be a popular
method of raising money in the poorer States, where land already bears
its full burden and little personal property can be found.
Public-domain text, read in full here on John Shaqi.
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