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with the advice and consent of the Senate," are to be held as superior; and such as are appointed solely by the President at any time and without tenure, are inferior.
What is the purpose of the taxing power of Congress ?
It is stated in the enumeration of the first article of the Constitution : “To pay the debts, and provide for the common defence and general welfare of the United States."
How are these things to be done ?
Congress is given the authority to “lay and collect taxes, duties, imposts, and excises,” limited solely to the economical wants of the United States. Jefferson resigned the portfolio of Secretary of State because he would not agree with Hamilton, then Secretary of the Treasury, that a latitudinous protective tariff construction should be given the words, “the general welfare.” Manifestly, the purpose of taxation is limited, as in all enumerated authority. A tariff is a tax levied to carry on the government of the United States. The words “general welfare of the United States' show the limitation of Congress.
Is a high protective tariff Constitutional ?
stitution is not paternal. It was not ratified to protect and enrich individuals engaged in manufacturing or other industries, but to secure specific, economic, and limited support for all the States organized into a Union. The States have reserved powers with which to foster all industries within their boundaries. To infringe these inherent reserved rights of sovereigns, outrages equilibration.
What is legal tender?
Gold and silver coin. Mark, the Constitution does not say gold or silver coin. The framers were not monometallists, but bimetallists. In the first article, Congress is declared to possess the power to "coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures.” For convenience and for uniformity the States, in the same article, deprived themselves of the right to “make anything but gold and silver coin a tender in payment of debts.” Of course, this “gold and silver coin” must be made or minted by the United States as united sovereigns. The framers of the Constitution meant that the yellow and white metals should be at parity-gold, as the rarer metal, fixing the standard of silver-and no matter what might be the devices of speculators, the United
States should maintain the equal standard of their stamped constitutional coin. In other countries, “coining money” would be positive evidence of sovereignty, but it is a “delegated power in our Union.
! How is equilibration further shown?
By the passage of general and special measures in the House, by original bills for raising and appropriating public money, but more especially by the election of President of the United States; the members as electors voting by States, while yet representing the people of the States, when the appointed electors have failed to make a choice in the electoral college. Thus the election of President is transferred from the States to the people of the States, and by the people thereof relegated to the States again.
Why, in such case, does the House vote as States ?
For the reason that the constituents of Presidents of the United States are not men, but States.
Why should the House originate money bills ?
Because numbers are to be taxed, and numbers must give consent. States are not taxed. Article I., section 7, provides that all bills for raising
revenue shall originate in the House, but the Senate or States may propose or concur with amendments, as on other bills.
What about impeachment ?
States, not men, being constituents of a President, therefore the people of the States in council, sitting as a grand jury, present an indictment in the form of articles of impeachment against him for high crimes and misdemeanors; but the States in council, sitting as a court, try him. The Chief Justice presides, as the offence or offences are violations of the organic law.
Says the Constitution: "The Senate shall have the sole power to try all impeachments.” Twothirds of the members present can convict.
Defect.—Who is to preside in the absence of the Chief Justice? If the Chief Justice himself is impeached, what officer is to preside at the trial ? The Constitution is silent. It would seem that such an emergency might have called the attention of the framers of the Constitution to the Speaker of the House and the Vice-President as presiding officers on the trial of the Chief Justice.
What are courts of impeachment ?
The States, in special judicial council, acting as united sovereigns.
What is meant by the Supreme Court of the United States?
The court of last resort; namely, the Supreme Court of the United States, to whom are delegated original and appellate powers. The Congress fixes the number of justices; the President, as selecting agent of the United States, nominates; and the States in council confirm or reject nominees. The justices hold their offices during “good behavior,” not for life, as is often stated. The Supreme Court can declare an act of Congress, signed and promulgated by the President, unconstitutional and void. Men are transient. States are permanent. States, acting as united sovereigns, not men, construe the Constitution which they created. The Supreme Court are, then, the united sovereigns in final judicial council.
Defect.-In representative governments there should be no “good behavior” tenures of office. It leads to life service. The jurisdiction of the Supreme Court should have been limited to determining the constitutionality of a law of Congress and to "international” questions. Latitudinous construction has caused the court to invade the legal rights of States.
What is the difference now between Senate and House?
In 1810 the Senate of the United States were a