Essay. Page concurrent and coequal in the Foederal and the State No. XXXI. 200 ... authorities,.... a. it has not been exclusively granted to the Union,..... 200 b. it has not been prohibited to the several States,... 200 c. it is a necessary deduction from the particular restraint which has been imposed on the States concerning duties on exports and imports,....... 200 i. the contrary would be an unnecessary restraint on 201 ii. it would also be a dangerous restraint on them,.... 201 iii. "the restriction in question is a negative pregnant,". 201 d. there is no repugnancy between the authority to levy taxes by the Foederal authorities, and that under which the State governments do the same,... 202 e. concurrent authority to levy taxes the necessary result of a division of the sovereign power,... 1. objection to the delegation of incidental powers of taxation to the Fœderal government considered,... ....... 202 203 a. no authority delegated which it would not have necessarily possessed,...... 203 b. the authority to levy taxes carries with it all the incidental authority which may be necessary and proper to carry it into execution,... 204 c. the express delegation of incidental authority an act of caution,... 205 ..... d. the Fœderal authorities must judge, in the first instance, what may be necessary and proper powers for them to exercise,. 205 e. the constituents of that government must be the ultimate judge of the necessity and propriety of employing such powers,... 205 A. how the constitutional impropriety of a Fœderal meas- 206 B. instances wherein such impropriety would be evident, 206 J. objection, that the laws of the Union concerning taxation are supreme, considered,... a. any other than supreme laws would be useless,. b. all laws must, necessarily, be supreme to those to whom they apply,.... 206 C. acts which are not pursuant to the Constitution are 207 d. the new system "expressly confines this supremacy to laws made pursuant to the Constitution,”. 207 Xe. any act of the United States which interferes with a Essay. Page State tax-law (unless upon imports and exports) an un- constitutional usurpation of power,.... .No. XXXI. 207 K. "concurrent authority concerning taxation the only ad- b. illustrations of its practicability, from Roman history,... 209 c. difficulties which will interfere with its execution less d. purposes of a Federal revenue more extended than those which the State governments must provide for,....... 210 e. concluding remarks, urging that a delegation of CONCUR- RENT AUTHORITY was preferable to an entire subordi- nation of the States to the Fœderal authorities,...... 214 L. objection, "that the jurisdiction of the National govern- b. it renders other classes tributary to the manufactur- d. it will oppress the merchant in the payment of duties,. 216 B. the limitation proposed would be productive of in- equality of taxation among the several States,...... 216 C. the objection, "that the interest of the revenue itself ....... M. objection, that the House of Representatives cannot con- Essay. Page c. the learned professions form no distinct class in society,...... ...No. XXXIII. 219 d. the landholders will be well represented by those in whom they have most confidence, without regard to the extent of their property, e. the good effects of a mixed representation, and the impracticability of special delegations from particular classes,. 220 .... 220 f. men possessing the most extensive information will best represent all classes, 221 g. men of strong minds, who belong to no particular class, will sometimes command the attention which is due to their merit,... ...XXXIV. 222 h. men of different trades will seldom possess greater sympathy for each other than the merchant will for both,.. 222 N. objection, that a power of internal taxation in the Foederal Congress cannot be exercised with advantage for the want of sufficient knowledge of local circumstances, considered,... 224 a. the members from each State can obtain the necessary information,. 224 b. systems of finance are usually framed by a few per sons,.... 224 c. local disabilities may be easily ascertained and understood,.... 225 d. the assessment of property to be taxed will devolve on discreet persons who are acquainted with "local details," 225 e. "the National legislature can make use of the system of each State within that State,". 226 f. the proportion of taxes among the States is fixed, and is "to be determined by the numbers of each State," respectively,. . . . . 226 g. if this power should prove "to be really inconvenient," it need not be used, and requisitions may be resorted to, 226 A. "why not omit that ambiguous power, in the first in- 227 227 b. because the existence of such authority will give 227 o. clashing of authority concerning taxation, State and Fœderal, cannot occur,... 227 P. minor objections to the delegation of authority to levy taxes considered,...... 227 a. double sets of revenue officers,.... Essay. Page No. XXXIV. 228 b. duplication of the popular burdens by double taxa- 223 C. "the frightful forms of odious and oppressive poll- 229 2. in the power of regulating the militia, and of commanding its services in times of insurrection and invasion,". XXXV. 231 A. uniformity in its organization and discipline is desirable,.... 231 B. that uniformity is attainable only by confiding the regulation of the militia to the Fœderal authorities,.......... C. the weakness of those who oppose the delegation of this authority to the Fœderal authorities,.... 231 232 D. objection, that no provision has been made for calling out the posse comitatus, to assist the Federal magistrate, considered,. 232 E. objection, that danger may be apprehended from the delegation of such an authority, considered,... 233 A. the project for a militia establishment which "PUBLIUS" 233 B. the necessity for a military establishment would, thereby, 235 c. the pretence of danger from a disciplined militia ridiculed,. 235 D. the authority absolutely retained by the States, to appoint the officers of the militia, a sufficient safeguard,.. ... 235 F. objection, based on the authority to order the militia into distant States, considered,..... V. "THE CONFORMITY OF THE PROPOSED CONSTITU- 1. introductory remarks,.. 236 ..XXXVI. 238 238 . A. difficulty of investigating public measures with moderation and candor,... . . . 239 B. the manner in which the proposed Constitution has been dis- 239 A. the predetermined friend of the new system may be up- 240 B. the predetermined opponent "cannot be upright and must be 240 -C. The Federalist not addressed either to predetermined enemies or friends of the measure, but to those who desire the happi- D. in considering the plan allowances must be made for the dif- 240 A. the novelty of the undertaking,. B. the difficulty of "combining the requisite stability and en 240 Essay. Page ergy in government with a due regard to liberty and the c. the difficulty of "marking the proper line of partition be tween the authority of the General, and that of the State governments,". 242 D. "the interfering pretensions of the larger and smaller 245 E. "other combinations [of the States], resulting from a dif- 245 E. it need not excite wonder if the proposed Constitution shall 246 -F. the experience of the past, on similar subjects, when com- 246 A. that the Convention was not afflicted with party animosities, and,........ 247 B. that "all the deputations composing the Convention were finally accommodated,”. 247 G. "in every case reported by ancient history in which gov- XXXVII. 247 H. the difficulties which they experienced in the establishment of their governments,.... 248 I. the errors which the new system contains are rather the re- 249 A. proved from general causes,... 249 B. from the peculiar amendments to the Articles of Confedera- 250 J. the present situation of America considered,... 250 A. the severity of "her malady,”. 251 B. the diversity of the advice given for her relief,. 251 c. improbability that those who object to the new system 254 D. the proposed Constitution, notwithstanding its defects, an X2 E. the principal grounds of objection to the new one exist, or G. the Congress not open to censure for assuming doubtful 254 255 255 257 2. "a candid survey of the plan of government reported by the Convention,". .XXXVIII. 258 |