The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Govern^r Morris. All the arguments suppose the right to originate &
to tax, to be exclusively vested in the Senate.--The effects commented
on may be produced by a Negative only in the Senate. They can tire out
the other House, and extort their concurrence in favorite measures, as
well by withholding their negative, as by adhering to a bill introduced
by themselves.
M^r Madison thought If the substitute offered by M^r Randolph for the
original section is to be adopted it would be proper to allow the Senate
at least so to amend as to _diminish_ the sums to be raised. Why should
they be restrained from checking the extravagance of the other House?
One of the greatest evils incident to Republican Gov^t was the spirit of
contention & faction. The proposed substitute, which in some respects
lessened the objections ag^{st} the section, had a contrary effect with
respect to this particular. It laid a foundation for new difficulties
and disputes between the two houses. The word _revenue_ was ambiguous.
In many acts, particularly in the regulation of trade, the object would
be twofold. The raising of revenue would be one of them. How could it be
determined which was the primary or predominant one; or whether it was
necessary that revenue sh^d be the sole object, in exclusion even of
other incidental effects. When the Contest was first opened with G. B.
their power to regulate trade was admitted. Their power to raise revenue
rejected. An accurate investigation of the subject afterwards proved
that no line could be drawn between the two cases. The words _amend or
alter_ form an equal source of doubt & altercation. When an obnoxious
paragraph shall be sent down from the Senate to the House of Rep^s, it
will be called an origination under the name of an amendment. The Senate
may actually couch extraneous matter under that name. In these cases,
the question will turn on the _degree_ of connection between the matter
& object of the bill and the alteration or amendment offered to it. Can
there be a more fruitful source of dispute, or a kind of dispute more
difficult to be settled? His apprehensions on this point were not
conjectural. Disputes had actually flowed from this source in Virg^a
where the Senate can originate no bill. The words, "so as to _increase
or diminish_ the sum to be raised," were liable to the same objections.
In levying indirect taxes, which it seemed to be understood were to form
the principal revenue of the new Gov^t the sum to be raised, would be
increased or diminished by a variety of collateral circumstances
influencing the consumption, in general, the consumption of foreign or
of domestic articles--of this or that particular species of articles and
even by the mode of collection which may be closely connected with the
productiveness of a tax.--The friends of the section had argued its
necessity from the permanency of the Senate. He could not see how this
argum^t applied. The Senate was not more permanent now than in the form
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account