Archive for June, 2010

The Same Subject Continued: Concerning the General Power of Taxation, From the New York Packet (Hamilton) – Guest Blogger: Attorney Janice R. Brenman

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A Final Word on Taxes

The Federalist Papers contains seven entries specifically addressing how our fledgling nation was to handle the delicate and potentially volatile issue of taxation.  Having touched upon Essay #30 dealing with taxation previously, let’s bookend the topic with a brief synopsis of #36  it is focusing specifically with the central government’s power of taxation: “The Same Subject Continued: Concerning the General Power of Taxation.”
 
The challenge of taxing a wide number of people fairly lies in the ability to ascertain who and how much to tax.  Hamilton stressed the need for a non-oppressive tax code; one which reflects the interests of diverse individuals, ranging from merchants to carpenters to blacksmiths to lawyers.  It was his hope that each individual would see the need to contribute a portion of their resources to insure continued economic growth, keeping safe a nation poised to give them the privilege of practicing trades as they saw fit and that they would be therefore more willing to comply with the taxing authority.

As Hamilton has observed, a government can be potentially be too efficient when it comes to preserving the power it has by attempting to take more power.  A heavy handed taxing authority would be an example of this. Therefore, it would be preferred to collect monies from a wide swath of workers, while simultaneously shielding the “least wealthy part of the community from oppression.”  As the nation was deemed to be a representative republic, congressional representatives selected locally should represent each district to the national government.  Ideally areas with more residents would contribute a bigger share of taxes than those which were more rural.

Hamilton vehemently opposed poll taxes whereby a “head tax” was equally levied on every adult in the community.  Though poll taxes can raise large sums of money, Hamilton criticized them as unfair burdens and would “lament to see them introduced into practice under the national government.”   Poll taxes survived in the Deep South many years until deemed unconstitutional by the Supreme Court when they were used to limit the franchise.

The taxation issue and related debates have been around for a while.  Disputes involving taxation upon the populace have existed between democratic governments as well as despotic ones.  It is Hamilton’s view that a central taxing authority was necessary for economic growth of the Nation as a whole and for the new government to be able to effectively carry out its duties.

For a country that has gone through so many economic cycles, through boom and bust, one can only wonder how Hamilton would have kept our budgets balanced today, since our government has taken on so many more responsibilities and duties than he ever would have imagined.  The size and scope of government today not only contributes to the present recession, it approaches a near crisis level of debt.   Maybe it seems simplistic, but limited government focusing on specific tasks specially authorized in the Constitution would put our nation in a much stronger financial position and ensure individual liberty for all American.

Please click here to see the entire blog: \”Constituting America\”

June 16th, 2010

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Dr. Conrad Murray: Winning the Battle, But the War Just Started

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Yesterday, in a Los Angeles courtroom Judge Michael Pastor rejected requests from local authorities to deny Conrad Murray (the physician of late Michael Jackson) from practicing medicine within the State of California.

Caveat: he is prohibited from dispensing anesthesia, such as the powerful propofol, which felled the King of Pop last summer.  Murray’s defense team claimed a potential restriction in California could prompt Texas and Nevada authorities to follow suit.  Murray operates clinics in both states, which have banned him from using anesthetics on his patients.

Several members of MJ’s family appeared at the hearing who claim a murder conspiracy was afoot, but nothing has surfaced to date.  Murray now awaits his preliminary hearing for involuntary manslaughter, with the opening gavel planned for August 23rd.  Lady Justice is waiting with bated breath.

June 15th, 2010

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Federalist No. 30 – Concerning the General Power of Taxation, From the New York Packet

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Alexander Hamilton is widely known as the first Secretary of the Treasury, and one of the strongest advocates of our Constitution.  Born illegitimately in the Caribbean to a Scottish merchant father and a mother of French Huguenot descent, he was already managing the affairs of an accounting office by age 15.  After penning an essay in French detailing the devastation from a local hurricane, Hamilton was offered educational opportunities in the new, promising American colonies.  He volunteered with a local militia, and became an aide to General Washington during the Revolutionary War.  Afterward, Hamilton began an expansive career as a lawyer and political activist.  One of his most enduring achievements was authoring many of The Federalist Papers (originally known as, The Federalist), a series of manifestos advocating the ratification of the United States Constitution.

To maintain anonymity, Hamilton, along with co-authors James Madison and John Jay, used the pseudonym “Publius” (after famed Roman Empire consul) to publish articles in three prominent New York newspapers, and later in bound volumes.  These articles reflect Hamilton’s enthusiasm for the new American country and his sharp mental abilities.  His death, via a duel with political rival Aaron Burr, was the final touch on a life filled with vigorous advocacy in the public policy arena with a special focus on promoting a strong national government for the United States.

Federalist Paper #30, “Concerning the General Power of Taxation.” is perhaps Hamilton at his finest.  Hamilton begins by explaining that the National Treasury exists to subsidize a wide range of legitimate pursuits of the federal government.  The Articles of Confederation gave Congress responsibility for managing needs of the confederacy, yet did not provide the means to do so.

Herein lies the function of taxation – a system by which all citizens have a stake in balancing benefits and costs afforded by a federal government positioned to furnish a functioning army, paying government employees, repaying current and future national debts, and other appropriate expenses.  He posited that a government cannot function absent some taxes, and its power to collect taxes among the populace is necessary.  Without taxes, the people would be plundered as a substitute for legitimate taxation, or, the government would eventually perish.

Hamilton delves into what many of his contemporaries saw as a substantive controversy:  internal and external taxation by the new federal government.  Hamilton explains the difference between an external tax and an internal tax, and then describes how the federal government should be responsible for both.  An external tax is a custom duty levied against any item coming into a colony to raise revenue – for example, a piece of machinery made in England. The duty is paid by the shipper and passed on to the consumer, in the form of a higher price for that machinery.  An internal tax is unrelated to imports or exports.  The Stamp Tax in England set an example – an excise tax imposed on stamped paper for legal documents (including licenses and permits), bills of lading, pamphlets and newspapers.  Therefore, the price of a newspaper included the cost of the stamp placed on the paper as the tax.

Critics of the new Constitution charged that internal taxation should be used exclusively by the State governments and external taxation reserved for the federal government.  Hamilton noted this ideal to be “romantic poetry” and that external taxes alone, on items such as commercial imports, cannot provide enough revenue for a government as extensive as the one proposed, especially in times of war.  Disallowing the federal government from internal taxation violates the maxim of good sense and sound policy he argues.  Essentially, critics claim internal taxation should be the sole authority of local government, and trade revenues should go to the federal government. This policy, however, not only subordinates the federal government, but also forces it to rely on states for security and prosperity of the nation as a whole.  Eventually, the Union would weaken and create conflict between the federal and state government, and perhaps even between the states themselves.? ?This conflict becomes even more evident during wartime.  The United States was in its infancy, thus capital reserves minimal.  The federal government could not depend on State requisitions alone – a loan would be needed for even the wealthiest of nations since no government would extend credit to the United States absent a reliable method of debt repayment.  Dependence on the states, which might not prove reliable, would force the federal government to seek loans in the private markets essentially subsidizing loan sharks that would charge the new government high interest rates.  For any other national emergency, some might fear funds allocated via taxation would be diverted, even if the national government has the unrestrained power of taxation.   Two considerations will quiet these fears: (1) during a crisis the full resources of the community will be used for the benefit of the Union; and, (2) deficiencies can be supplied by loans.  Thus, Hamilton argues for a federal internal tax as well as an external federal tax.

Special thanks should be given to a myriad of sources (including Mary E. Webster) with regard to translating the complex lexicon of Chancery Standard used in the Papers into modern English.  Click here to access the post Constituting America

June 8th, 2010

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Joran van der Sloot : The Dangerous Dutchman Divulges his Dastardly Deed

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Feeling the full weight of Lady Justice’s sword against his neck, convicted murderer Joran van der Sloot today confessed to Peruvian police:

“I did not want to do it. The girl intruded into my private life. She had no right. She was frightened, we argued and she wanted to get away. I grabbed her by the neck and I hit her…suddenly she started shaking and then she didn’t say anything…I  would never murder a girl…”

Let us pray the answer regarding Natalee Holloway’s disappearance follows.

June 8th, 2010

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Joran van der Sloot: Losing All His Chips in Lady Justice’s Poker Game

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Dutchman Joran van der Sloot is the next potential target of Lady Justice’s sword.  Until yesterday, 22-year-old van der Sloot was linked to the May 30, 2005, disappearance of Natalee Holloway who was last seen on a beach in Aruba. Van der Sloot was arrested and released due to insufficient evidence in her possible murder.  A new wrinkle appeared when he was arrested in connection with the death of  21-year-old Peruvian, Stephany Flores Ramirez, who was found stabbed, with her neck broken in a hotel room registered in van der Sloot’s name.  They were seen together at a poker tournament in a Lima casino last weekend.  Video footage definitively shows them entering the hotel. It appears Lady Justice’s Dutch Boy has again folded his hand, perhaps for the last time.

June 4th, 2010

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