The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
The earliest examples of taxes levied with a view to promoting desired
economic objectives in addition to raising revenue were, of course,
import duties. The second statute adopted by the first Congress was a
tariff act which recited that "it is necessary for the support of
government, for the discharge of the debts of the United States, and the
encouragement and protection of manufactures, that duties be laid on
goods, wares and merchandise imported."[271] After being debated for
nearly a century and a half, the constitutionality of protective tariffs
was finally settled by the unanimous decision of the Supreme Court in
Hampton and Company _v._ United States,[272] where Chief Justice Taft
wrote: "The second objection to Sec. 315 is that the declared plan of
Congress, either expressly or by clear implication, formulates its rule
to guide the President and his advisory Tariff Commission as one
directed to a tariff system of protection that will avoid damaging
competition to the country's industries by the importation of goods from
other countries at too low a rate to equalize foreign and domestic
competition in the markets of the United States. It is contended that
the only power of Congress in the levying of customs duties is to create
revenue, and that it is unconstitutional to frame the customs duties
with any other view than that of revenue raising. * * * In this first
Congress sat many members of the Constitutional Convention of 1787. This
Court has repeatedly laid down the principle that a contemporaneous
legislative exposition of the Constitution when the founders of our
Government and framers of our Constitution were actively participating
in public affairs, long acquiesced in, fixes the construction to be
given its provisions. * * * The enactment and enforcement of a number of
customs revenue laws drawn with a motive of maintaining a system of
protection, since the revenue law of 1789, are matters of history. * * *
Whatever we may think of the wisdom of a protection policy, we can not
hold it unconstitutional. So long as the motive of Congress and the
effect of its legislative action are to secure revenue for the benefit
of the general government, the existence of other motives in the
selection of the subject of taxes cannot invalidate Congressional
action."[273]
SPENDING FOR THE GENERAL WELFARE
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