Constitutional history -- United States -- Sources; Constitutional law -- United States
Though a law, therefore, laying a tax for the use of the United States
would be supreme in its nature, and could not legally be opposed or
controlled, yet a law for abrogating or preventing the collection of
a tax laid by the authority of the State, (unless upon imports and
exports), would not be the supreme law of the land, but a usurpation
of power not granted by the Constitution. As far as an improper
accumulation of taxes on the same object might tend to render
the collection difficult or precarious, this would be a mutual
inconvenience, not arising from a superiority or defect of power on
either side, but from an injudicious exercise of power by one or the
other, in a manner equally disadvantageous to both. It is to be hoped
and presumed, however, that mutual interest would dictate a concert in
this respect which would avoid any material inconvenience. The inference
from the whole is, that the individual States would, under the proposed
Constitution, retain an independent and uncontrollable authority to
raise revenue to any extent of which they may stand in need, by every
kind of taxation, except duties on imports and exports. It will be shown
in the next paper that this CONCURRENT JURISDICTION in the article of
taxation was the only admissible substitute for an entire subordination,
in respect to this branch of power, of the State authority to that of
the Union.
PUBLIUS
FEDERALIST No. 34
The Same Subject Continued (Concerning the General Power of Taxation)
From The Independent Journal. Saturday, January 5, 1788.
HAMILTON
To the People of the State of New York:
I FLATTER myself it has been clearly shown in my last number that the
particular States, under the proposed Constitution, would have COEQUAL
authority with the Union in the article of revenue, except as to duties
on imports. As this leaves open to the States far the greatest part of
the resources of the community, there can be no color for the assertion
that they would not possess means as abundant as could be desired for
the supply of their own wants, independent of all external control. That
the field is sufficiently wide will more fully appear when we come to
advert to the inconsiderable share of the public expenses for which it
will fall to the lot of the State governments to provide.
Public-domain text, read in full here on John Shaqi.
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