Taxation of Government Bondholders and Employees: The Immunity Rule and the Sixteenth Amendment

Forside
U.S. Government Printing Office, 1938 - 219 sider
 

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Side 44 - The right to tax the contract to any extent, when made, must operate upon the power to borrow before it is exercised, and have a sensible influence on the contract.
Side 14 - This opinion does not deprive the States of any resources which they originally possessed. It does not extend to a tax paid by the real property of the bank, in common with the other real property within the State, nor to a tax imposed on the interest which the citizens of Maryland may hold In this institution, in common with other property of the same description throughout the State.
Side 62 - The Court bows to the lessons of experience and the force of better reasoning, recognizing that the process of trial and error, so fruitful in the physical sciences, is appropriate also in the judicial function.
Side 95 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Side 130 - We declare that it is the duty of Congress to use all the Constitutional power which remains after that decision, or which may come from its reversal by the Court as it may hereafter be constituted, so that the burdens of taxation may be equally and impartially laid, to the end that wealth may bear its due proportion of the expenses of the Government.
Side 61 - Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right.
Side 6 - ... If we apply the principle for which the state of Maryland contends to the constitution generally, we shall find it capable of changing totally the character of that instrument. We shall find it capable of arresting all the measures of the government, and of prostrating it at the foot of the states. The American people have declared their constitution, and the laws made in pursuance thereof, to be supreme; but this principle would transfer the supremacy, in fact, to the states.
Side 6 - It is of the very essence of supremacy to remove all obstacles to its action within its own sphere, and so to modify every power vested in subordinate governments as to exempt its own operations from their own influence.
Side 210 - incomes' in the Sixteenth Amendment should be read in a 'sense most obvious to the common understanding at the time of its adoption.
Side 210 - Loan & Trust Co., 158 US 601, under the Act of August 27, 1894, c. 349, sec. 27, 28 Stat. 509, 553, it was held that taxes upon rents and profits of real estate and upon returns from investments of personal property were in effect direct taxes upon the property from which such income arose, imposed by reason of ownership ; and that Congress could not impose such taxes without apportioning them among the States according to population, as required by Art.

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