Constitutional history -- United States -- Sources; Constitutional law -- United States
Let it be recollected that the proportion of these taxes is not to be
left to the discretion of the national legislature, but is to be
determined by the numbers of each State, as described in the second
section of the first article. An actual census or enumeration of the
people must furnish the rule, a circumstance which effectually shuts
the door to partiality or oppression. The abuse of this power of
taxation seems to have been provided against with guarded
circumspection. In addition to the precaution just mentioned, there is
a provision that “all duties, imposts, and excises shall be UNIFORM
throughout the United States.”
It has been very properly observed by different speakers and writers on
the side of the Constitution, that if the exercise of the power of
internal taxation by the Union should be discovered on experiment to be
really inconvenient, the federal government may then forbear the use of
it, and have recourse to requisitions in its stead. By way of answer to
this, it has been triumphantly asked, Why not in the first instance
omit that ambiguous power, and rely upon the latter resource? Two solid
answers may be given. The first is, that the exercise of that power, if
convenient, will be preferable, because it will be more effectual; and
it is impossible to prove in theory, or otherwise than by the
experiment, that it cannot be advantageously exercised. The contrary,
indeed, appears most probable. The second answer is, that the existence
of such a power in the Constitution will have a strong influence in
giving efficacy to requisitions. When the States know that the Union
can apply itself without their agency, it will be a powerful motive for
exertion on their part.
As to the interference of the revenue laws of the Union, and of its
members, we have already seen that there can be no clashing or
repugnancy of authority. The laws cannot, therefore, in a legal sense,
interfere with each other; and it is far from impossible to avoid an
interference even in the policy of their different systems. An
effectual expedient for this purpose will be, mutually, to abstain from
those objects which either side may have first had recourse to. As
neither can CONTROL the other, each will have an obvious and sensible
interest in this reciprocal forbearance. And where there is an
IMMEDIATE common interest, we may safely count upon its operation. When
the particular debts of the States are done away, and their expenses
come to be limited within their natural compass, the possibility almost
of interference will vanish. A small land tax will answer the purpose
of the States, and will be their most simple and most fit resource.
Public-domain text, read in full here on John Shaqi.
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