The Essentials of American Constitutional Law — John Shaqi
The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
All of the thirteen States were in possession of this power, and
had exercised it at the adoption of the Constitution; and it is
not pretended that any grant of it to the general government is
found in that instrument. It is therefore one of the sovereign
powers vested in the States by their constitutions, which remained
unaltered and unimpaired, and in respect to which the State is
as independent of the general government as that government is
independent of the States. In respect to reserved powers, the State
is as sovereign and as independent as the general government.[114]
The means and instrumentalities employed by the one government to carry
its powers into operation are as necessary to its self-preservation as
the means and instrumentalities are necessary to the other. Unimpaired
existence is as essential to the one as to the other. There is no
express provision in the Constitution that prohibits the general
government from taxing the means and instrumentalities of the States,
or prohibiting such taxation.
In both cases the exemption rests upon necessary implication, and
is upheld by the great law of self-preservation; as any government
whose means employed in conducting its operations, if subject to
the control of another and distinct government, can exist only at
the mercy of that government.[115]
45. This was the constitutional law of the United States as settled in
1870,[116] the case arising in Massachusetts; the plaintiff a judicial
officer of that Commonwealth having brought suit to recover from the
United States Revenue Collector the amount of income tax exacted from
him, it being part of his salary as a judge in that Commonwealth. The
Supreme Court of the United States sustained the plaintiff for reasons
given in the opinion, part of which has been quoted. By parity of
reasoning, as followed in that decision, any act of Congress imposing
a tax on the salary of any State officer, if his office is a means
and instrumentality employed by the State to carry its powers into
operation must be declared unconstitutional. In 1913 the Constitution
was amended so that “The Congress shall have power to lay and collect
taxes on incomes from whatever source derived, without apportionment
among the several States, and without regard to any census or
enumeration.”[117]
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