Essay. Pago assented to than those of other branches of knowledge,..... ...No. XXX. 194 c. the reason for that diversity of opinion in morals and politics is the passions and prejudices of the rea soner,.. d. the same influences prevail among the opponents of the new system,.. A. the reasoning of the anti-Fœderalists reviewed, 194 194 194 195 197 D. a review of the anti-Foederal arguments on the probability of usurpation by the Fœderal government,... 197 E. a review of the arguments on the probable aggressions of the State governments on the Federal authority, ..... a. the sympathy of the People with the State governments, H. objection, that such a power in the Federal government would interfere with the State governments in their levies of money, considered,.............. 197 197 ............ XXXI. 198 a. the sense of the People, a barrier to the oppressive use of this power by the Foederal authorities,. b. the hazard of provoking the resentments of the State governments, another barrier thereto,. 198 198 c. a conviction of the utility and necessity of local administrations, for local purposes, a third barrier thereto,..... 198 d. the several States would still retain an independent and uncontrollable authority to raise their own revenues,... 198 A. an attempt, by the Fœderal authorities, to abridge that authority will be a violent assumption of unconstitutional power,.. 199 199 B. the sovereignty of the Fœderal authorities limited in extent,.. a. where the Constitution in express terms grants an ex- 199 b. " where it grants an authority to the Union and ... 199 C. " where it grants an authority to the Union, to which C. the only exclusive power of taxation which is delegated Essay. Page .......No. XXXI. 200 concurrent and coequal in the Fœderal and the State authorities,..... 200 a. it has not been exclusively granted to the Union,..... 200 i. the contrary would be an unnecessary restraint on 200 201 ii. it would also be a dangerous restraint on them,.... 201 201 d. there is no repugnancy between the authority to levy taxes by the Fœderal 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,..... 208 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,........ 206 a. any other than supreme laws would be useless,.. b. all laws must, necessarily, be supreme to those to whom they apply,.... 206 ... 206 c. "acts which are not pursuant to the Constitution are merely acts of usurpation, and will deserve to be treated as such," 207 d. the new system "expressly confines this supremacy to laws made pursuant to the Constitution,”. 207 e. 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 concurrent authority concerning taxation the only ad- missible substitute for an entire subordination of the a. absurdity of denying the practical impossibility of coör- b. illustrations of its practicability, from Roman history,... 209 c. difficulties which will interfere with its execution less powerful than those which existed in Rome,.......... 209 d. purposes of a Fœderal revenue more extended than those which the State governments must provide for,....... 210 A. "there ought to be a CAPACITY to provide for future 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- equality of taxation among the several States,...... 216 C. the objection, "that the interest of the revenue itself would be a sufficient guard against an extreme 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,.. f. men possessing the most extensive information will best represent all classes, ... 220 220 ..... 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, . . . . . . . ..... a. the members from each State can obtain the necessary information,...... 224 224 b. systems of finance are usually framed by a few per 224 sons,. 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 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 b. because the existence of such authority will give 227 o. clashing of authority concerning taxation, State and Foederal, cannot occur,... 227 P. minor objections to the delegation of authority to levy taxes considered,... 227 Essay. Page a. double sets of revenue officers,..... No. XXXIV. 228 b. "duplication of the popular burdens by double taxa tions," " C. the frightful forms of odious and oppressive poll- 229 229 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 Foederal authorities,.. D. objection, that no provision has been made for calling out the posse comitatus, to assist the Fœderal magistrate, considered,. 231 232 232 E. objection, that danger may be apprehended from the delegation of such an authority, considered,.. 233 233 A. the project for a militia establishment which "PUBLIUS 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 discussed, considered,... 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 happiness of their country,.... 240 D. in considering the plan allowances must be made for the difficulties, inherent in the very nature of the undertaking, which the Convention experienced,.... 240 A. the novelty of the undertaking,... 240 B. the difficulty of "combining the requisite stability and en |
