Constitutional history -- United States -- Sources; Constitutional law -- United States
The preceding train of observation will justify the position which has
been elsewhere laid down, that “A CONCURRENT JURISDICTION in the
article of taxation was the only admissible substitute for an entire
subordination, in respect to this branch of power, of State authority
to that of the Union.” Any separation of the objects of revenue that
could have been fallen upon, would have amounted to a sacrifice of the
great INTERESTS of the Union to the POWER of the individual States. The
convention thought the concurrent jurisdiction preferable to that
subordination; and it is evident that it has at least the merit of
reconciling an indefinite constitutional power of taxation in the
Federal government with an adequate and independent power in the States
to provide for their own necessities. There remain a few other lights,
in which this important subject of taxation will claim a further
consideration.
PUBLIUS.
THE FEDERALIST.
No. XXXV.
The Same Subject Continued
(Concerning the General Power of Taxation)
For the Independent Journal.
HAMILTON
To the People of the State of New York:
Before we proceed to examine any other objections to an indefinite
power of taxation in the Union, I shall make one general remark; which
is, that if the jurisdiction of the national government, in the article
of revenue, should be restricted to particular objects, it would
naturally occasion an undue proportion of the public burdens to fall
upon those objects. Two evils would spring from this source: the
oppression of particular branches of industry; and an unequal
distribution of the taxes, as well among the several States as among
the citizens of the same State.
Public-domain text, read in full here on John Shaqi.
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