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nydus/The Federalist PapersPublic

Eighty-five articles written by a group of U.S. Founding Fathers on why the proposed U.S. Constitution should be approved.

Page 246 of 671
Table of Contents

XXXIII

The Same Subject Continued (Concerning the General Power of Taxation)

Hamilton: From The Independent Journal , Wednesday, January 2, 1788.

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, anything in the constitution or laws of any state to the contrary notwithstanding.”

These two clauses have been the source of much virulent invective and petulant declamation against the proposed Constitution. They have been held up to the people in all the exaggerated colors of misrepresentation as the pernicious engines by which their local governments were to be destroyed and their liberties exterminated; as the hideous monster whose devouring jaws would spare neither sex nor age, nor high nor low, nor sacred nor profane; and yet, strange as it may appear, after all this clamor, to those who may not have happened to contemplate them in the same light, it may be affirmed with perfect confidence that the constitutional operation of the intended government

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