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Article I, section 2 provides, in relevant part, that . United States. 2. In 1. 79. 6, when the U. S. Congress had enacted a tax on passenger carriages in 1. Daniel Hylton did not pay, and the United States sued. Fri, A new discussion in parliament and on all the news programmes.to reintroduce new grammar schools in order to 'give parents choice'. I like to use the school dinner queue to illustrate how choice works. When I was at school (a girls' grammar. The Natural Resources Defense Council works to safeguard the earth - its people, its plants and animals, and the natural systems on which all life depends. Center for Market Innovation (5) Apply Center for Market Innovation filter China (6) Apply China filter. The United States prevailed in the Federal Circuit Court of Virginia. Hylton appealed to the Supreme Court. Justices Samuel Chase, William Paterson, and James Iredell all wrote separate opinions. That did not indicate a fractured Court; the practice of issuing an opinion of the Court had not yet been established. Justice James Wilson contributed a brief comment. Justice William Cushing was unable to attend the argument of the case because of ill health, and he deemed it improper to give an opinion on the merits. Chief Justice Oliver Ellsworth had not been sworn in at a time that would have allowed him to participate. Of the four justices commenting on the merits, two, Paterson and Wilson, had been delegates to the Constitutional Convention in Philadelphia. Justice Iredell had been a delegate to the North Carolina ratification convention. Justice Chase had served on the committee that recommended to the Maryland ratification convention some amendments that anticipated the Bill of Rights. All of those justices therefore can be considered Founders. If it were a direct tax, the carriage tax would have been unconstitutional as enacted. The Supreme Court unanimously held that the passenger carriage tax was not a direct tax. However, Justice Chase did not consider this a close case. Justice Chase said that if a particular tax could not be apportioned without great inequity and injustice, the tax was not a direct tax within the meaning of the Constitution. Justice Chase stated, without ruling as a matter of law, that direct taxes as contemplated by the Constitution were of only two kinds: capitation (mentioned in the constitutional text) and a tax on land. Justice Chase, anticipating Marbury v. Madison. 4 by seven years, noted that because the carriage tax as enacted was constitutional, it was unnecessary to determine if the Supreme Court had the power to declare that unconstitutional laws enacted by Congress were null and void. However, Justice Chase pledged that if the Court did have such power, he would never use it except in clear cases. Justice Paterson also speculated that a tax on the immediate produce of land might also be a tax on land, and therefore direct. Justice Paterson, who had been an important delegate to the Philadelphia convention, wrote that the intended object of the requirement to apportion direct taxes was for the protection of the southern states, which had the largest number of slaves and extensive tracts of thinly populated land. Accordingly, a tax of a fixed amount per slave or a fixed amount per acre would fall disproportionately on the southern states. Apportionment by population would prevent that from happening. In contrast, the fact that an apportioned tax on passenger carriages would lead to unjust results convinced Justice Paterson that the tax in question was not a direct tax. The carriage tax was not apportionable because apportionment would lead to absurd results. Accordingly, the tax on passenger carriages was not a direct tax. Justice Iredell did not find it necessary or appropriate to propound a general rule, applicable in all cases, on what is or is not a direct tax. Justice Wilson affirmed that his previously stated view - - that the tax was constitutional - - had not changed. II. Soule. 5. To finance the Civil War, Congress in 1. One of the plaintiff's lines of attack was that the taxes were direct taxes and, because they were not apportioned among the states, were unconstitutional. The plaintiff argued that any tax that falls on the taxpayer was a direct tax, but a tax whose burden could be shifted to the consumer was an indirect tax. The plaintiff argued that Adam Smith was the leading authority on political economy during the framing of the Constitution and that Smith wrote that a tax on a person's revenue was a direct tax. On the issue of direct taxation, the Court looked to Hylton for guidance. Justice Swayne noted that the Hylton Court was unanimous. Justice Swayne observed that apportionment would lead to untoward results, which demonstrated that the taxes in question were not direct. Accordingly, the taxes at issue in the case at hand were not direct taxes. III. Fenno. 6. The question before the Supreme Court in this case was the constitutional validity of an act of Congress in 1. The plaintiff bank was chartered by the state of Maine, and the bank challenged the tax on two grounds. The plaintiff claimed that the tax was a direct tax that had not been apportioned among the states. The plaintiff also claimed that Congress could not tax a franchise that had been granted by one of the states. The Court held the tax to be constitutional. The Court held that rather than being a tax on the franchise granted by a state, the tax was on property created or contracts made by the bank. Further, simply because a federal tax may be burdensome, that does not make the tax unconstitutional. Also, Congress may regulate circulating money. Chief Justice Chase also analyzed the meaning of direct tax. He pointed out that Smith's treatise on political economy, while mentioning the difference between direct taxation and indirect taxation, did not bear on the meaning of direct taxes in the text of the Constitution, even though that important treatise had been recently published at the time of the framing of the Constitution. Instead, Chief Justice Chase turned to the historical record. Those taxes were enacted in 1. In each instance the sums collected were apportioned among the states. The subjects of those taxes were, variously, lands, improvements, dwelling- houses, and slaves. Chief Justice Chase pointed out that Congress never considered taxes on personal property, contracts, or occupations to be direct taxes. He observed that slaves were not an exception because, even though many of the slave states had considered slaves to be real property, slaves were, of course, persons and subject to a capitation, which was direct. The chief justice recited the James Madison account referred to in note 1, above. Therefore, concluded Chief Justice Chase, the . Chief Justice Chase then turned to the opinions in Hylton and noted that they confirmed that view. Finally, Chief Justice Chase observed that the tax on banks was much like the tax on insurance companies that had been upheld in the previous term in Pacific Ins. Day. 12. Congress also enacted an income tax to help finance the Civil War. The income tax was reenacted after the Civil War to help pay down the public war debt. Judge Day of the Court of Probate and Insolvency for Barnstable County, Mass., was taxed by the United States on his salary. The Court, in an opinion delivered by Justice Samuel Nelson, held that Congress could not tax Judge Day's salary because to do so would in effect impose a tax on the Commonwealth of Massachusetts, and Congress's power does not reach that far. What this opinion does not say is that the income tax was a direct tax. Day was explicitly overturned in Graves v. Hubbard. 15. This case, like Day, arose from the Civil War income tax. Congress, in the Internal Revenue Act of June 3. The government argued that the taxpayer, by virtue of his share ownership, was . Justice Nathan Clifford, writing for a unanimous Court, sided with the government. There was no mention of the tax having been an unapportioned, direct tax. Given the then- recent decision in Pacific Insurance, it is not surprising that the constitutional validity of the tax in question was viewed as obvious. VI. Rew. 16. The tax at issue in this case was a succession tax on real property. The taxpayer claimed that the tax was a direct tax because it applied to real property and was enforceable through liens on the subject real property. Because the tax was not apportioned among the states, the taxpayer asserted that the succession tax was unconstitutional. Justice Clifford reasoned that succession tax was not a direct tax because it was neither a capitation nor a tax on land. Succession to, or devolution of, real property was the occasion of the tax in this case; mere ownership of land was not. The lien on real property was merely an enforcement mechanism. Justice Clifford stated, further, that while it had not been absolutely determined that capitations and taxes on land were the only direct taxes, it had been specifically decided that income taxes were not direct taxes, and an income tax could not be distinguished from a succession tax. In support of the proposition that an income tax was not a direct tax, Justice Clifford cited two of the Supreme Court cases discussed above - - Pacific Insurance, and Veazie Bank - - as well as a lower court case upholding the Civil War income tax. VII. United States. The Civil War income tax was the matter before the Court in this landmark case. The relevant issue for current purposes was whether the income tax in question was a direct tax because the income tax had not been apportioned among the states. Justice Swayne, writing for the Court, concluded that direct taxes, within the meaning of the Constitution's text, include only capitations and taxes on real property; therefore, the income tax was not a direct tax. Justice Swayne examined the writings of the Framers discussing the Constitution, and he also examined the records of the various ratification conventions. In the opinion of Justice Swayne, those historical records were not very helpful to the taxpayer's argument that the income tax was a direct tax. 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