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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

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d. the same influences prevail among the opponents of the new system,...

194

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194

....

195

A. the reasoning of the anti-Fœderalists reviewed,.
B. their fairness, in argument, considered,.....
C. a review of Publius's arguments on the powers of the
government,..

....

197

D. a review of the anti-Foederal arguments on the probability of usurpation by the Federal 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 govern-
ments, .

H. objection, that such a power in the Fœderal government would interfere with the State governments in their levies of money, considered,.

197

197

...XXXI. 198

..... 198

a. the sense of the People, a barrier to the oppressive use
of this power by the Fœderal authorities,..
b. the hazard of provoking the resentments of the State
governments, another barrier thereto,. . . . . .

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 Foederal authorities, to abridge that authority will be a violent assumption of unconstitutional power,...

B. the sovereignty of the Fœderal authorities limited in extent,...

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I where the Constitution in express terms grants an ex-
clusive authority to the Union,".

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b. "where it grants an authority to the Union and
prohibits the States from exercising the like au-

thority,"

199

C.

where it grants an authority to the Union, to which
a similar authority in the States would be absolutely
and totally contradictory and repugnant,'

199

C. the only exclusive power of taxation which is delegated
to the Fœderal government is that of imposing taxes
on imports,....

200

D. the authority to impose taxes on all other articles is

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concurrent and coequal in the Federal and the State
No. XXXI. 200

authorities,...

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a. it has not been exclusively granted to the Union,.
b. it has not been prohibited to the several States,.
c. it is a necessary deduction from the particular re-
straint which has been imposed on the States con-
cerning duties on exports and imports,..... ... 200
i. the contrary would be an unnecessary restraint on
the States,..

ii. it would also be a dangerous restraint on them,...
iii."the restriction in question is a negative preg-

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nant,".

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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 Federal government considered,..

......

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a. no authority delegated which it would not have necessarily possessed,...

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b. the authority to levy taxes carries with it all the incidental authority which may be necessary and proper to carry it into execution,...

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c. the express delegation of incidental authority an act of caution,...

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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-
ure must be determined,..

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,..

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C.

acts which are not pursuant to the Constitution are
merely acts of usurpation, and will deserve to be treat-
ed as such,".

207

d. the new system 66
laws made pursuant to the Constitution,”.
e. any act of the United States which interferes with a

expressly confines this supremacy to

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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,

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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,..

......

a. the members from each State can obtain the necessary information,......

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b. systems of finance are usually framed by a few per

sons,...

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c. local disabilities may be easily ascertained and understood,.

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d. the assessment of property to be taxed will devolve on discreet persons who are acquainted with "local details,"

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e. the National legislature can make use of the system of each State within that State,".

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f. the proportion of taxes among the States is fixed, and is "to be determined by the numbers of each State," respectively,.....

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......

g. if this power should prove "to be really inconvenient," it need not be used, and requisitions may be resorted to, A. "why not omit that ambiguous power, in the first instance, and rely on requisitions?" answered,....... 227 a. because, if convenient, this mode will be preferable,

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b. because the existence of such authority will give
greater efficacy to requisitions,.

227

o. clashing of authority concerning taxation, State and Fœderal, cannot occur,.....

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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.

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'duplication of the popular burdens by double taxa-
tions,"

229

C. "the frightful forms of odious and oppressive poll-
taxes,".

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,..

D. objection, that no provision has been made for calling out the posse comitatus, to assist the Federal magistrate, considered,

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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 "
approved,

233

B. the necessity for a military establishment would, thereby,
be diminished,..

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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,.

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V. "THE CONFORMITY OF THE PROPOSED CONSTITU-
TION TO THE TRUE PRINCIPLES OF REPUBLICAN
GOVERNMENT,”.

.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-
right,....

240

B. the predetermined opponent "cannot be upright and must be
culpable,".

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

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