The Federalist Papers - Alexander Hamilton [21]
NO. 33: THE SAME SUBJECT CONTINUED 197
Objections to incidental powers of taxation considered—These powers necessary—Their express grant an act of caution—The federal authorities and then their constituents the judges of the propriety of federal measures—Objections that the taxation laws of the Union are supreme considered, and the necessity of this supremacy shown—These laws limited by the Constitution.
NO. 34: THE SAME SUBJECT CONTINUED 201
Concurrent authority concerning taxation the only alternative to complete subordination of the States—Absurdity of denying the practicability of concurrent authority—Examples from Roman history—Needs of the federal government for large powers of taxation.
NO. 35: THE SAME SUBJECT CONTINUED 207
Reasons for not restricting federal government in the matter of revenue—Restraint would lead to inequality of taxation and oppression—Objections that the interest of the revenue would guard against an extreme tariff, and that all classes of tax-paying citizens cannot be represented, considered—Representation in Congress analyzed in regard to taxation—Good effects of mixed representation and the need of extensive information among representatives.
NO. 36: THE SAME SUBJECT CONTINUED 213
Representation further considered with reference to taxation—The federal government able to exercise the power of internal taxation—Better than the system of requisitions—No danger of conflict between State and federal authorities in regard to taxation—Minor objections to power of taxation considered.
NO. 37: CONCERNING THE DIFFICULTIES OF THE CONVENTION IN DEVISING A PROPER FORM OF GOVERNMENT 220
Difficulty of discussing public measures in the right spirit—Predetermined friends and enemies—The Federalist addressed to neither, but to those who wish merely the happiness of the country—Novelty and difficulties of the work pointed out—The Constitution of necessity not perfect, but the convention worked without party feeling, and all were finally satisfied.
NO. 38: THE SAME SUBJECT CONTINUED, AND THE INCOHERENCE OF THE OBJECTIONS TO THE NEW PLAN EXPOSED 227
All governments of deliberation and consent hitherto framed by individuals—Examples of thirteen ancient founders—Expedients used in ancient foundings—Errors in the new system arise from lack of experience—The present situation of America—Existing evils shown, and the futility of the objections and remedies of the opposition.
NO. 39: THE CONFORMITY OF THE PLAN TO REPUBLICAN PRINCIPLES 236
Only a republican system possible for America—The principles of republican government not clearly shown by examples—Republican principles defined—The proposed Constitution conforms to the standard—Proofs of this from the provisions of the Constitution—Neither wholly national nor wholly federal.
NO. 40: THE POWERS OF THE CONVENTION TO FORM A MIXED GOVERNMENT EXAMINED AND SUSTAINED 243
The authority under which the convention acted examined—Proper even to have exceeded authority, from considerations of duty—Constitution merely recommended—Necessity for a radical change—Whether the convention exceeded its powers does not affect the question of ratification.
NO. 41: GENERAL VIEW OF THE POWERS CONFERRED BY THE CONSTITUTION 251
The quantity of power conferred—Not greater than it should be—General objections considered—The objects of the powers conferred—Declaring war and granting letters of marque—Providing armies and fleets—Regulating and calling out the militia—Levying taxes and borrowing money.
NO. 42: THE POWERS CONFERRED BY THE CONSTITUTION FURTHER CONSIDERED 260
Regulation of intercourse with foreign nations—Ambassadors, consuls, and treaties—Punishment of piracy, felonies on the high seas, and offenses against the laws of nations—Regulation of foreign commerce—The sanction of the slave trade—Objection on that point considered—Maintenance of harmony and proper intercourse among the States—Inter-State commerce and the Indian trade—Coinage of money—Punishment of counterfeiters—Standard