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Updated: May 31, 2025
The new and important feature of that part of the law is the recapture and redistribution of excess rates. The constitutionality of this method is now before the Supreme Court for adjudication. Their decision should be awaited before attempting further legislation on this subject. Furthermore, the importance of this feature will not be great if consolidation goes into effect.
And it is very true that the supreme court of the United States, in particular, decides those questions which most nearly affect the government of the country, because those are the very questions which arise upon the constitutionality of the laws of congress and of the several states, the final and conclusive determination of which is vested in that tribunal.
I'd base the legality of a confiscatory income tax on the constitutionality of any health regulation or police ordinance. People shouldn't be permitted to injure themselves or have poison lying round. Certainly it's a lesson that history teaches on every page. "Besides everybody needs something to work for to keep him fit at least that's the way it looks to me.
One must really ask any first-year student of constitutional legislation what he thinks of that statement, not only of its constitutionality, but of its audacity.
On the National Bank the position of the Northwest was no less emphatic. The people were little troubled by the question of constitutionality; but believing that the bank was an engine of tyranny in the hands of an eastern aristocracy, they were fully prepared to support Jackson in his determination to extinguish that "un-American monopoly."
Occasionally the expense was met by a donation of public lands through which the trace passed. In other instances, payment was made from the postal receipts and appropriations. The constitutionality of such action had been attacked occasionally by the Republicans before they came into power.
In response to Washington's inquiry to his Cabinet upon the constitutionality of the bank, Jefferson drew up a paper setting forth in strong terms his opinion that the Central Government had no power to engage in business. Hamilton presented an equally strong argument for the bank in his reply.
But it has been urged that the national bank, which constituted so essential a branch of this combined system of measures, was not a new measure, and that its constitutionality had been previously sanctioned, because a bank had been chartered in 1791 and had received the official signature of President Washington.
From 1911 to 1917 the women's legislative committee secured copies of laws already in successful operation in other States and framed bills to meet their own needs. These were always submitted to two young lawyers, Dan B. Shields and Carl Badger, who corrected any flaws which might jeopardize their constitutionality. Among the women who comprise these committees are Mrs.
This lesson was enforced anew upon Massachusetts by the affair of her colored seamen. Unable to obtain redress of the wrong done her citizens, the State appointed agents to go to Charleston and New Orleans and test the constitutionality of the State laws under which the local authorities had acted.
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