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Updated: September 8, 2025
Those provinces he regarded merely as a bank to draw upon. His immediate intercourse with the country was confined to the extortion of vast requests. These were granted with ever-increasing reluctance, by the estates. The new taxes and excises, which the sanguinary extravagance of the duke rendered necessary, could seldom be collected in the various cities without tumults, sedition, and bloodshed.
This provision operates exclusively on the power granted in the first part of the clause. It recites three branches of that power duties, imposts, and excises those only on which it could operate, the rule by which the fourth that is, taxes should be laid being already provided for in another part of the Constitution.
The power "to lay and collect taxes, duties, imposts, and excises" was an indispensable one to be conferred on the Federal Government, which without it would possess no means of providing for its own support. In executing this power by levying a tariff of duties for the support of Government, the raising of revenue should be the object and protection the incident.
The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States;
From this view of the right to appropriate and of the practice under it I think that I am authorized to conclude that the right to make internal improvements has not been granted by the power "to pay the debts and provide for the common defense and general welfare," included in the first of the enumerated powers; that that grant conveys nothing more than a right to appropriate the public money, and stands on the same ground with the right to lay and collect taxes, duties, imposts, and excises, conveyed by the first branch of that power; that the Government itself being limited, both branches of the power to raise and appropriate the public money are also limited, the extent of the Government as designated by the specific grants marking the extent of the power in both branches, extending, however, to every object embraced by the fair scope of those grants and not confined to a strict construction of their respective powers, it being safer to aid the purposes of those grants by the appropriation of money than to extend by a forced construction the grant itself; that although the right to appropriate the public money to such improvements affords a resource indispensably necessary to such a scheme, it is nevertheless deficient as a power in the great characteristics on which its execution depends.
In the debates in Congress over the bill many good lawyers appear to have assumed, somewhat too hastily, that the tax in question was an excise tax on business or occupation like that involved in the Spreckels case, and that the only constitutional question, therefore, was one of classification under the provision of the Constitution that excises shall be uniform throughout the United States.
The constitutional provisions are: The Congress shall have power to levy and collect taxes ... and provide for the common defense and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States. Art. I, Sec. 8.
They were also to defend each other against all foreign or domestic potentates, provinces, or cities, provided such defence were controlled by the "generality" of the union. For the expense occasioned by the protection of the provinces, certain imposts and excises were to be equally assessed and collected.
I am satisfied that internal duties and excises, with corresponding imposts on foreign articles of the same kind, would, without imposing any serious burdens on the people, enhance the price of produce, promote our manufactures, and augment the revenue, at the same time that they made it more secure and permanent.
the Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States. The only tax which Congress was expressly forbidden to lay was a tax on exports.
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