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The reader will note the power to make laws concerning the Census is restricted to the “actual enumeration.” In the case of direct taxes (a direct tax is a tax on property based on ownership), this provision requires Congress to apportion the tax among the individual States based on population. Let’s say in 1790, two years after the ratification of the Constitution, Congress prepared a budget and decided to impose a direct tax to raise the needed revenue.
And, based on the Census, Virginia had 30% of the population of the United States.
The powers reserved to the several States will extend to all the objects which in the ordinary course of affairs, concern the lives, liberties, and properties of the people; and the internal order, improvement, and prosperity of the State.
In the New York State Convention debating ratification of the proposed constitution in 1788, John Jay, who was one of the authors of the Federalist Essays and would later become a justice of the United States Supreme Court, expressed this principle as follows: What are the objects of our state legislatures?
The federal government only exists within the sphere of its delegated powers and is constitutionally powerless to act absent a specific grant of power.
It should be noted that there are no implied powers beyond the delegated powers. Congress has been granted “the power to establish post offices.” Therefore, Congress can pass any law necessary to the establishment and maintenance of post offices.
That Amendment is merely a secondary level of restraint on the powers of the federal government. 14, James Madison wrote that adoption of the proposed constitution would not grant the federal government general legislative authority throughout the United States: The plan of the convention declares that the power of Congress…shall extend to certain enumerated cases.
The population totals determine each state’s Congressional representation.
I have lost count of the number of times I have watched one of these clowns hold up a copy of the Constitution and claim their powers are unlimited except in those instances were the Constitution places a restriction on their power. Constitutionally, the federal government cannot use its delegated powers to encroach on the powers reserved to the States. Constitutional Provisions for the Census The provision for the Census is found in Article I, Section 2, Clause 3 of the Constitution.
These individuals are either corrupt, incompetent, or both. In other words, the federal government cannot convert its federal and foreign powers into domestic powers to do things not entrusted to that government, i.e., use principle No. It is confined to determining the number of Representatives [in the House] and imposing direct Taxes among the several States.
Direct taxes are inherently unfair because one State, with ten percent of the population, might be one of the richest States while another State, with the same percentage of the population, might be one of the poorest.
Yet, under the direct tax formula imposed by the Constitution, both States would be required to pay the same amount.
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The federal government was empowered to deal with foreign affairs and relations between the States while the States would concern themselves with domestic affairs.