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
46. In the operations of government, the delegation of authority
by the executive, the legislative, or the judiciary is rare. The
constitutional test, in either case, is purpose and authority. Thus a
municipal corporation is a representative not only of the State, but
is a portion of its governmental power. It is one of its creatures,
made for a specific purpose, to exercise within a limited sphere the
powers of the State. “The action is no less a portion of the sovereign
authority when it is done through the agency of a town or city
corporation.”[120] Thus a tax authorized by the State Legislature, to
be imposed by a municipal corporation is a good tax in law, provided
it is for a public purpose. This is not a delegation of the taxing
power, but is the exercise of it by the Legislature. The municipality
itself has no power to tax, or even to be a municipality, save
by authority of the State, usually by the constitution, vested in
its Legislature. The amount of the tax, the subjects of taxation,
the method of assessment and of collection are wholly within the
discretion of the Legislature. The exemption of churches, schools,
colleges, and charitable institutions may or may not be required by
a State constitution. If this is silent on the subject, the question
is wholly one of legislative discretion. A charitable institution
has no fundamental right to exemption from taxation, as a person
has a fundamental right to “due process of law.”[121] The principle
of exemption from taxation is that taxation of the person or the
property tends to destroy the powers or to impair the efficiency of the
State.[122]
47. A tax must not only be laid by authority but it must be for a
public purpose. Thus any assessment imposed upon persons or property by
the government, State or federal, for the gain, emolument, or advantage
of a private person, or an official, is unconstitutional. The purpose
must be public, as for example, for schools, highways, canals, public
buildings, markets, asylums, jails, or to keep the same in repair and
to use them for public purposes. The Legislature cannot authorize a
town or a county, or any subdivision of the State, to raise money for
other than public purposes and uses. It cannot confer benefits on
individuals, however meritorious, by taxation.[123]
48. Taxes, imposed under the Constitution, have been classed as direct
or indirect,—the direct being apportionable among the States according
to population; the indirect being uniform throughout the United
States.[124]
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