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Organization of the Government under President Washington.-Hunt, Life of James Madison, 168, 169; Schouler, United States, i, 80-105; McMaster, United States, i, 533-535, 540544; Hart, Formation, 141-143; Hildreth, United States, iv, 101-108; Lodge, Washington, ii, 61-72; Hart, Formation, 143-145; Johnston, American Politics, 20, 21; H. von Holst, Constitutional Law, 67–77; Bryce, American Commonwealth, i, Chap. IX; Madison's Letters, i, 423-427; Hamilton, The Federalist, No. 84.

Treaty with Great Britain, November 19, 1794 (Jay's Treaty).-MacDonald, Select Documents, ii, 114-130; Pellew, John Jay, 301-317; McMaster, United States, ii, 212-235, 245-256, 263284; Hunt, James Madison, Chap. XXIII; Lodge, Washington, ii, 176-207; H. von Holst, United States, ii, 122-128; Hildreth, United States, iv, 539–564, 584-616; Johnston, American Politics, 37-39; Gordy, Political Parties, i, Chap. XV; Schouler, United States, i, 289– 305, 307-314; Hart, Formation, 162, 163; Hart, Contemporaries, iii, 315-319; Hamilton, Works, v, 106-137; Ames, Works, ii, 37-71; ed. 1809, 58-93.

How Federal Laws Are Made.-North American Review, clix, 537-544; clxii, 14-20; Albany Law Journal, xlviii, 386–390; American Bar Association Reports, 1887, 396-405; Wilson, Congressional Government, Chaps. II-IV; Parton, Topics of the Time, Nos. 3, 6, 8; American Historical Association Papers, v, 367-375; H. von Holst, Constitutional Law, % 31-34; Bryce, American Commonwealth, i, Chaps. XVI-XXI; Follett, The Speaker, Chaps. IVIX; Hart, Practical Essays, No. 9; Lodge, Historical and Political Essays, 169-197.

The Organization and Proceedings of Congress.—Follett, The Speaker; Hinsdale, American Government, Chaps. XVIXXV; Bryce, American Commonwealth, i, Chaps. X-XXI; H. von Holst, Constitutional Law, 20-24, 28-34; Cooley, Constitutional Law, 47-52, 54-99; Ford, American Politics, Chaps. XVIII-XXI; Kerr, United States Senate; Lalor, Cyclopædia, see articles on Censures, Congress (U. S.), Congress (Powers), Congress (Sessions), House of Representatives, Riders, Salary Grab, Senate; Wilson,

Congressional Governmen, Lowell, Essays on Government; McKee, Manual of Congressional Practice; McConachie, Congressional Committees.

The Speaker.-Bryce, American Commonwealth, i, 128–141; Benton, Thirty Years' View; Blaine, Twenty Years in Congress; Cox, Three Decades; John Sherman, Recollections; Follett, The Speaker, Chaps. II, III, X, XI; Hart, Practical Essays, No. 1; Congressional Record.

The Formation and Work of Congressional Committees.-McConachie, Congressional Committees; Snow, Defense of Congressional Government (American Historical Association Papers, iv, 309-328); Bryce, American Commonwealth, i, Chaps. XIV, XV; H. von Holst, Constitutional Law, 32, 37: Congressional Record; House and Senate Reports.

The Legal Tender Acts.-See Legal Tender Cases, 12 Wallace, 457; 110 United States, 421; Dewey, Financial History, 362-367; Knox, United States Notes, 156-166; Hart, Life of Chase, 389-414; Upton, Money in Politics, 157–170.

Description of the House of Representatives in Action. -Congressional Record; Congressional Directory; Harrison, This Country of Ours, 45-48; Bryce, American Commonwealth, i, 138-170; Rules and Practice of the House of Representatives.

The Election of United States Senators.-Dallinger, Nominations for Elective Offices, 89; Bryce, American Commonwealth, i, 95, 108-120; Forum, 18: 270-278; 21: 385-397; Atlantic Monthly, 68: 227-232.

The Powers of the Speaker.-Follett, The Speaker; Bryce, American Commonwealth, i, 48, 134–137, 391; Rules and Practice of the House of Representatives. See Digest.

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49. The General Rule.-We shall be able to get a clear idea of this subject if we remember that Congress can do only those things that it is authorized to do by the language of the Constitution. The part of the Constitution which deals with this matter is the eighth section of the first article. This section should be carefully read at this point. The powers that are conveyed to the Congress by it are called delegated powers. They are called so because the Constitution in the beginning was adopted by the States, and the States were thought of as giving up, or delegating, to the central Legislature some of the powers which they had possessed. All the powers that were not thus given up, or delegated, were retained by the States. This is the reason for calling the powers which the States now have, "reserved" powers. They have not been given away. They have been reserved. The tenth amendment to the Constitution expresses this in the simplest possible way. It says, "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

The Articles of Confederation expressed a similar idea, but contained the word expressly before "delegated." The makers of the Constitution omitted this word, because they saw that it would be impossible to indicate expressly and in detail all the subjects on which the powers of the Federal

Government might, in the future, be exerted. They wished Congress to be able to do whatever might be necessary to carry into execution the powers that might be expressly granted. The powers that were not expressly granted, but were necessary to make effective those that were expressly granted, came to be called "implied" powers. The character of these implied powers may be illustrated in this way: Congress was expressly authorized, among other things, to raise and support armies; but it was not expressly authorized to issue paper money and make it legal tender for the payment of debts. But Congress did, during the Civil War, issue paper money and made it legal tender. It claimed that it could do this because the use of such paper money was necessary to enable it to maintain the armies it was authorized to raise and support; hence, in the opinion of Congress, it was implied that that body might issue the money in question. Whether, in any case, a claim like this is valid has to be determined by the courts.

Topics.-General rule as to power of Congress.-Delegated powers. Reserved powers.-The tenth amendment.-Implied powers. Reason for not requiring powers to be expressly delegated.

References. Miller, Lectures, 227-236; Cooley, Constitutional Law, 54.

50. Taxation.-Congress can levy and collect taxes. It is through taxation that the Government receives funds for meeting its numerous expenses. In order that civilized society may exist, men must have rights and be able to make them recognized; but rights are created or authoritatively defined by government, and it is to the Government that the individual person must look for the maintenance of his rights. Yet government can exist only under the condition of being able to levy and collect taxes. It is only by the revenues derived from taxation that the State is

able to pay its officers and meet all its other necessary expenses. The power to tax, therefore, belongs to the State as a quality without which the State cannot exist; and the amount of taxes it may levy is limited only by the State's own estimate of needed revenue.

Topics.-Purpose of taxation.-Power to tax fundamentally necessary for a State.

References.-Ford, American Citizen's Manual, Part II., 137– 149; Hart, Actual Government, 381-407; Lalor, Cyclopædia, iii, 618; i, 712.

51. Classes of Taxes.-There are two general classes of taxes. These are direct taxes and indirect taxes. Direct taxes are those which are demanded from the persons who are expected to bear the burden of their payment. A poll tax is a direct tax. A tax on land also is regarded as a direct tax. "Indirect taxes are those which are demanded from one person in the expectation and intention that he shall indemnify himself at the expense of another." If a merchant, for example, pays duties on goods imported, he will add the amount of the duties to the selling price of the goods. By this means he shifts the burden of the duties from himself to the persons who buy and use the goods. If an excise tax is collected from the manufacturer of cigars, for instance, the amount of this tax will be added by him to the price of the cigars and will thus be ultimately paid not by the producer, but by the consumer. Taxes of this kind are indirect taxes. The persons who advance the taxes to the collector indemnify themselves by receiving an additional price from the consumer. Thus the consumer pays the tax indirectly. Many persons object to paying direct taxes, because they seem to be receiving nothing for their money; but the payment of heavy indirect taxes excites less complaint, because the tax is concealed in the price of the goods purchased.

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