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The Federalist Papers
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FEDERALIST 31 The Same Subject Continued by Alexander Hamilton
IN DISQUISITIONS of every kind, there are certain primary truths, or first
principles, upon which all subsequent reasonings must depend. These contain an internal
evidence which, antecedent to all reflection or combination, commands the assent of the mind.
Where it produces not this effect, it must proceed either from some defect or disorder in the
organs of perception, or from the influence of some strong interest, or passion, or prejudice. Of
this nature are the maxims in geometry, that "the whole is greater its parts; things equal to the
same are equal to one another; two straight lines cannot enclose a space; and all right angles are
equal to each other. Of the same nature are these other maxims in ethics and politics, that there
cannot be an effect without a cause; that the means ought to be proportioned to the end; that
every power ought to be commensurate with its object; that there ought to be no limitation of a
power destined to effect a purpose which is itself incapable of limitation. And there are other
truths in the two latter sciences which, if they cannot pretend to rank in the class of axioms, are
yet such direct inferences from them, and so obvious in themselves, and so agreeable to the
nature and unsophisticated dictates of common-sense, that they challenge the assent of a sound
and unbiased mind, with a degree of force and conviction almost equally irresistible.
The objects of geometrical inquiry are so entirely abstracted from those
pursuits which stir up and put in motion the unruly passions of the human heart, that mankind,
without difficulty, adopt not only the more simple theorems of the science, but even those
abstruse paradoxes which, however they may appear susceptible of demonstration, are at
variance with the natural conceptions which the mind, without the aid of philosophy, would be
led to entertain upon the subject. The INFINITE DIVISIBILITY of matter, or in other words, the
INFINITE divisibility of a FINITE thing, extending even to the minutest atom, is a point agreed
among geometricians, though not less incomprehensible to common-sense than any of those
mysteries in religion, against which the batteries of infidelity have been so industriously
levelled.
But in the sciences of morals and politics, men are found far less tractable. To
a certain degree, it is right and useful that this should be the case. Caution and investigation are
a necessary armor against error and imposition. But this untractableness may be carried too far,
and may degenerate into obstinacy, perverseness, or disingenuity. Though it cannot be
pretended that the principles of moral and political knowledge have, in general, the same degree
of certainty with those of the mathematics, yet they have much better claims in this respect than,
to judge from the conduct of men in particular situations, we should be disposed to allow them.
The obscurity is much oftener in the passions and prejudices of the reasoner than in the subject.
Men, upon too many occasions, do not give their own understandings fair play; but, yielding to
some untoward bias, they entangle themselves in words and confound themselves in subtleties.
How else could it happen (if we admit the objectors to be sincere in their
opposition) that positions so clear as those which manifest the necessity of a general power of
taxation in the government of the Union should have to encounter any adversaries among men of
discernment? Though these positions have been elsewhere fully stated, they will perhaps not be
improperly recapitulated in this place, as introductory to an examination of what may have been
offered by way of objection to them. They are in substance as follows:
A government ought to contain in itself every power requisite to the full
accomplishment of the objects committed to its care, and to the complete execution of the trusts
for which it is responsible, free from every other control but a regard to the public good and to
the sense of the people.
As the duties of superintending the national defence and of securing the public
peace against foreign or domestic violence involve a provision for casualties and dangers to
which no possible limits can be assigned, the power of making that provision ought to know no
other bounds than the exigencies of the nation and the resources of the community.
As revenue is the essential engine by which the means of answering the
national exigencies must be procured, the power of procuring that article in its full extent must
necessarily be comprehended in that of providing for those exigencies.
As theory and practice conspire to prove that the power of procuring revenue is
unavailing when exercised over the States in their collective capacities, the federal government
must of necessity be invested with an unqualified power of taxation in the ordinary modes.
Did not experience evince the contrary, it would be natural to conclude that the
propriety of a general power of taxation in the national government might safely be permitted to
rest on the evidence of these propositions, unassisted by any additional arguments or
illustrations. But we find, in fact, that the antagonists of the proposed Constitution, so far from
acquiescing in their justness or truth, seem to make their principal and most zealous effort
against this part of the plan. It may therefore be satisfactory to analyze the arguments with
which they combat it.
Those of them which have been most labored with that view seem in substance
to amount to this: "It is not true, because the exigencies of the Union may not be susceptible of
limitation, that its power of laying taxes ought to be unconfined. Revenue is an requisite to the
purposes of the local administrations as to those of the Union; and the former are at least of
equal importance with the latter to the happiness of the people. It is, therefore, as necessary that
the State governments should be able to command the means of supplying their wants, as that
the national government should possess the like faculty in respect to the wants of the Union. But
an indefinite power of taxation in the latter might, and probably would in time, deprive the
former of the means of providing for their own necessities; and would subject them entirely to
the mercy of the national legislature. As the laws of the Union are to become the supreme law
of the land, as it is to have power to pass all laws that may be NECESSARY for
carrying into execution the authorities with which it is proposed to vest it, the national
government might at any time abolish the taxes imposed for State objects upon the pretence of
an interference with its own. It might allege a necessity of doing this in order to give efficacy to
the national revenues. And thus all the resources of taxation might by degrees become the
subjects of federal monopoly, to the entire exclusion and destruction of the State governments."
This mode of reasoning appears sometimes to turn upon the supposition of
usurpation in the national government; at other times it seems to be designed only as a deduction
from the constitutional operation of its intended powers. It is only in the latter light that it can
be admitted to have any pretensions to fairness. The moment we launch into conjectures about
the usurpations of the federal government, we get into an unfathomable abyss, and fairly put
ourselves out of the reach of all reasoning. Imagination may range at pleasure till it gets
bewildered amidst the labyrinths of an enchanted castle, and knows not on which side to turn to
extricate itself from the perplexities into which it has so rashly adventured. Whatever may be
the limits or modifications of the powers of the Union, it is easy to imagine an endless train of
possible dangers; and by indulging an excess of jealousy and timidity, we may bring ourselves to
a state of absolute skepticism and irresolution. I repeat what I have observed in
substance in another place, that all observations founded upon the danger of usurpation ought to
be referred to the composition and structure of the government, not to the nature or extent of its
powers. The State governments, by their original constitutions, are invested with complete
sovereignty. In what does our security consist against usurpation from that quarter? Doubtless
in the manner of their formation, and in a due dependence of those who are to administer them
upon the people. If the proposed construction of the federal government be found, upon an
impartial examination of it, to be such as to afford, to a proper extent, the same species of
security, all apprehensions on the score of usurpation ought to be discarded.
It should not be forgotten that a disposition in the State governments to
encroach upon the rights of the Union is quite as probable as a disposition in the Union to
encroach upon the rights of the State governments. What side would be likely to prevail in such
a conflict, must depend on the means which the contending parties could employ towards
insuring success. As in republics strength is always on the side of the people, and as there are
weighty reasons to induce a belief that the State governments will commonly possess most
influence over them, the natural conclusion is that such contests will be most apt to end to the
disadvantage of the Union; and that there is greater probability of encroachments by the
members upon the federal head than by the federal head upon the members. But it is evident
that all conjectures of this kind must be extremely vague and fallible: that it is by far the safest
course to lay them altogether aside, and to confine our attention wholly to the nature and extent
of the
powers as they are delineated in the Constitution. Every thing beyond this must be left to the
prudence and firmness of the people; who, as they will hold the scales in their own hands, it is to
be hoped, will always take care to preserve the constitutional equilibrium between the general
and the State governments. Upon this ground, which is evidently the true one, it will not be
difficult to obviate the objections which have been made to an indefinite power of taxation in
the United States.
PUBLIUS
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