We there find
that, notwithstanding the affirmative grants of general authorities,
there has been the most pointed care in those cases where it was deemed
improper that the like authorities should reside in the States, to
insert negative clauses prohibiting the exercise of them by the States.
The tenth section of the first article consists altogether of such
provisions. This circumstance is a clear indication of the sense of the
convention, and furnishes a rule of interpretation out of the body of
the act, which justifies the position I have advanced and refutes every
hypothesis to the contrary.
PUBLIUS
____
FEDERALIST No. 33
The Same Subject Continued
(Concerning the General Power of Taxation)
From the Independent Journal.
Wednesday, January 2, 1788.
HAMILTON
To the People of the State of New York:
THE residue of the argument against the provisions of the Constitution
in respect to taxation is ingrafted upon the following clause. The last
clause of the eighth section of the first article of the plan under
consideration authorizes the national legislature "to make all laws
which shall be NECESSARY and PROPER for carrying into execution THE
POWERS by that Constitution vested in the government of the United
States, or in any department or officer thereof"; and the second clause
of the sixth article declares, "that the Constitution and the laws of
the United States made IN PURSUANCE THEREOF, and the treaties made by
their authority shall be the SUPREME LAW of the land, any thing in the
constitution or laws of any State to the contrary notwithstanding.
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