« 上一頁繼續 »
however, the only objects to which the jurisdiction of Congress with respect to revenue, extends.
468. The terms of the Constitution by which the power is conferred, embrace a provision for the support of the civil establishment of the United States, for the payment of the National debts, and, in general, for all those objects for which the general welfare requires the disbursement of money from the National Treasury. ..
. 469. The necessity of vesting this power in the Government of the United States, is obvious; as no Government can be supported without possessing the means within itself of procuring a regular and adequate supply of revenue, so far as the resources at its command will permit.
470. There must of necessity be conferred on every Government, a power of taxation in some shape or other; and in the Government of the United States, it is co-extensive with the purposes of the Constitution.
471. Congress is accordingly invested with power “to lay and collect taxes, duties, imposts, and excises ; to pay the debts, and provide for the common defence, and general welfare ;" and it is also invested with a distinct power “to borrow money on the credit of the United States." ;
472. The power of taxation is qualified, in its eder. cise, by a provision requiring “ that capitation and . other direct taxes, shall be apportioned among the several States according to their respective numbers, as ascertained by the census, and determined by the rule for the apportionment of Representatives in Congress." . . .
473. This power is further qualified by a provision that “all duties, imposts, and excises, shall be equal throughout the United States ;” and it is absolutely restricted by a prohibition upon Congress, to "lay any tax or duties on articles exported from the United States." : . s . ,
:- 474. The Constitution does not define the exclusive subjects of national taxation; although in some instances an interference with many of the sources of State revenue, must have been foreseen, from the exercise of a concurrent, power in the General Government. . . .
- 475. But it was better that a particular State should sustain this inconvenience, than that the general necessities should fail of supply; and it was manifestly intended that Congress should possess full power, . subject only to the specified qualifications and restrictions, over every species of taxable property. .
476. The term Taxes is general; and is used in the Constitution to confer a plenary authority on Congress, in all cases of taxation to which the powers vested in the Union extend.
- 477. The most familiar general division of taxes,
is into direct and indirect; and although the Constitution designates only the former species, it necessarily implies the existence of the latter.
478. The general term, then, includes
Ist. Direct taxes, which are properly capitation
2d. Duties, imposts, and excises; and,
.. 479. A direct Tax, operates and takes effect inde.
se equal asowels ress, to ss lay com We Viited
pendently of consumption or expenditure; whilst indirect Taxes affect expense or consumption ; and the revenue arising from them is dependent there upon.
Jefine the exclu
although in some any of the sources
foreseen, from the in the General Go
480. The practical importance of this distinction, arises from the different modes in which the different species of taxes are levied ; direct taxes being required to be apportioned amongst the several States, according to the respective numbers of their inhabitants; whilst indirect taxes, not admitting of this apportionment, are directed to be “uniform throughout the United States," on the articles subjected to taxation. i
particular State should in that the general ne
; and it was manifestly uld possess full power, qualifications and restric. taxable property.
481. If Congress thinks proper to raise a sum of money by direct taxation, the quota of each State must be fixed according to the census, and in conformity with the rule of apportionment prescribed by the Constitution ; but if indirect taxation be resorted to, the same duty must be imposed throughout the Union on the article liable to it, whether its quantity or consumption be greater or less in the respective States.
general; and is used in a plenary authority on tion to which the powers
482. The Constitution considers no taxes as direct taxes, but such as may be laid in proportion to the census, and the rule of apportionment is held not to apply to a tax on carriages; nor could such a tax be laid by that rule, without great inequality and injustice.
general division of taxes, and although the Constibrmer species, it necessathe latter.
en, includes h are properly capitation on Land.
483. A tax on carriages was accordingly consider ed as an indirect tax on expense or consumption, and as included within the power to lay duties; and the better opinion seems to be, that the direct taxes contemplated by the Constitution are only two, viz; a. capitation or poll-tax, and a tax on land.
484. Although duties must be uniform, and direct
s and takes effect inde
taxes apportioned according to numbers, yet the provision of the Constitution, with respect to the latter, does not limit the power of Congress to the imposition of taxes upon the inhabitants of the several States only; but that power extends equally to all places over which the National. Government has jurisdiction, and applies to the District of Columbia, .' and to the organized Territories, although their inhabitants are not represented in Congress...
485. The power of Congress to exercise exclusive jurisdiction over the District of Columbia, and to go. vern the Territories of the United States, includes the power of taxing their inhabitants; but Congress is not bound absolutely to exercise that power; and may, in their discretion, extend a tax, or-not, to all the Territories, as well as to the States.
486. A direct tax, if laid at all, must be laid on: every State conformably to the census; and therefore Congress has no power to exempt a State from its due share of the burthen; and although it is not under the same necessity of extending the tax to the. District of Columbia, or to the National Terrilories, yet, if the tax be actually extended to either of them, the same constitutional rule of apportionment, must be applied in its imposition.
487. The construction which allows Congress, in . the exercise of its discretion, to omit extending a tax
to those portions of the Union which are not directly · represented in the National Legislature, is not only .the most convenient interpretation, as the expense of collecting a direct tax in the more remote Territories might exceed its amount, but it enables Congress to avoid the imputation of violating, even in appearance, the fundamental principle which regards taxation and representation as inseparable. .
he several egoals to ali ernment has su ict of Columbia, though their inha ngress: to exercise exclusive Columbia, and to goed States, includes the ants; but Congress is rcise that power; and nd a tas, or not, to all the States.
d at al), must be laid on to the census; and thereIr to exempt a State from n; and although it is not
extending the tax to the the National Terrilories, tended to either of them, of apportionment, must
490. But this authority has been questioned, upon a construction of the Constitution, which excludes "the general welfare” as one of the objects for which this branch of the power of taxation was surrendered by the several States; and denies that it can be applied to any other purposes than that of paying the debts, supporting the civil and military establishments of the Union, and of carrying into effect the powers specifically enumerated in the Constitution, and vested by it in Congress.
hich allows - Congress, 13
to omit extending a tas on which are not directly
Legislature, is not only tation, as the expense of e more remote Territo but it enables Congress blating, even in appearple which regards tafau : parable,
491. It is, nevertheless, a sound rule of construction, and universal in its application, that the different parts of the same instrument ought to be so expounded, as to give effect, if possible, to the whole, and to every part susceptible of meaning.