Essay. Page concurrent and coequal in the Foederal and the State authorities,..... No. XXXI. 200 a. it has not been exclusively granted to the Union,..... 200 c. it is a necessary deduction from the particular re- 200 200 i. the contrary would be an unnecessary restraint on 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,... a. no authority delegated which it would not have necessarily possessed,.. 202 203 203 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,...... 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,. 206 b. all laws must, necessarily, be supreme to those to whom '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 e. any act of the United States which interferes with a Essay. Pago 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 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,. . . . . . . L. objection, "that the jurisdiction of the National govern- ment, in the article of revenue, should be restricted to particular objects," considered,.......... a. it would oppress particular branches of industry,.... 215 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 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 Fœderal 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 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 a. double sets of revenue officers,... Essay. Page .No. XXXIV. 228 b. " duplication of the popular burdens by double taxa- 229 229 C. "the frightful forms of odious and oppressive poll- 2. in "the power of regulating the militia, and of commanding 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,... F. objection, based on the authority to order the militia into distant States, considered,. 235 236 V. "THE CONFORMITY OF THE PROPOSED CONSTITU- .XXXVI. 238 1. introductory remarks,... 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 happi- 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 Essay. Page ergy in government with a due regard to liberty and the republican form,”. .....No. XXXVI. 241 c. the difficulty of "marking the proper line of partition between 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 difference of local position and policy,”..... 245 E. it need not excite wonder if the proposed Constitution shall 246 246 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 government has been established with deliberation and consent," it has been framed by a single individual,. . . . . . . ........ 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 result of the defect of antecedent experience, than of the want of accuracy and care in preparing it,... 249 A. proved from general causes,.. 249 B. from the peculiar amendments to the Articles of Confedera c. improbability that those who object to the new system could improve it,...... 254 D. the proposed Constitution, notwithstanding its defects, an improvement on the old one,.. 254 E. the principal grounds of objection to the new one exist, or 255 255 G. the Congress not open to censure for assuming doubtful 257 Convention,". 2. "a candid survey of the plan of government reported by the .XXXVIII. 258 |