Constitutional history -- United States -- Sources; Constitutional law -- United States
It should not be forgotten that a disposition in the State governments
to encroach upon the rights of the Union is quite as probable as a
disposition in the Union to encroach upon the rights of the State
governments. What side would be likely to prevail in such a conflict,
must depend on the means which the contending parties could employ
toward insuring success. As in republics strength is always on the side
of the people, and as there are weighty reasons to induce a belief that
the State governments will commonly possess most influence over them,
the natural conclusion is that such contests will be most apt to end to
the disadvantage of the Union; and that there is greater probability of
encroachments by the members upon the federal head, than by the federal
head upon the members. But it is evident that all conjectures of this
kind must be extremely vague and fallible: and that it is by far the
safest course to lay them altogether aside, and to confine our attention
wholly to the nature and extent of the powers as they are delineated in
the Constitution. Every thing beyond this must be left to the prudence
and firmness of the people; who, as they will hold the scales in their
own hands, it is to be hoped, will always take care to preserve
the constitutional equilibrium between the general and the State
governments. Upon this ground, which is evidently the true one, it will
not be difficult to obviate the objections which have been made to an
indefinite power of taxation in the United States.
PUBLIUS
FEDERALIST No. 32
The Same Subject Continued (Concerning the General Power of Taxation)
From The Independent Journal. Wednesday, January 2, 1788.
HAMILTON
To the People of the State of New York:
ALTHOUGH I am of opinion that there would be no real danger of the
consequences which seem to be apprehended to the State governments from
a power in the Union to control them in the levies of money, because
I am persuaded that the sense of the people, the extreme hazard of
provoking the resentments of the State governments, and a conviction of
the utility and necessity of local administrations for local purposes,
would be a complete barrier against the oppressive use of such a power;
yet I am willing here to allow, in its full extent, the justness of the
reasoning which requires that the individual States should possess an
independent and uncontrollable authority to raise their own revenues for
the supply of their own wants. And making this concession, I affirm that
(with the sole exception of duties on imports and exports) they would,
under the plan of the convention, retain that authority in the most
absolute and unqualified sense; and that an attempt on the part of the
national government to abridge them in the exercise of it, would be a
violent assumption of power, unwarranted by any article or clause of its
Constitution.
Public-domain text, read in full here on John Shaqi.
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