Should the states give Congress the power to tax directly?

OCR: 8 cited passage(s) are machine-read (OCR) text of old printings; quotations reproduce the stored OCR text, misreadings included.

Reporter's notes: some cited speeches survive only as a reporter's shorthand record, not the speaker's own text.

1. WHAT HE SAID (the record)

Record ledger

• ACTION (editor's note) (1781-02-03; editor's note, not his words): Patrick Henry approved of a measure in 1781 that allowed Congress to levy a duty of five per cent on imports. Later, at the session of October, 1782, the Virginia Legislature, under the influence of Richard Henry Lee, repealed the 1781 act, but Patrick Henry did not attend this session. "Mr. Henry then approved of the measure... The Virginia Legislature at its next session suspended the act... At the session of October, 1782, which Mr. Henry did not attend, the Legislature, under the influence of Richard Henry Lee, repealed the act of 1781 consenting to the proposal." [1]
• BELIEF (1788-06-04; reporter's paraphrase): Patrick Henry believed that giving Congress the power to tax directly without a bill of rights was a dangerous and absurd decision. He argued that it left the people without checks or barriers against a powerful federal government, while state governments were weakened and over-controlled. (key quote above) [2]
• BELIEF (1788-06-04; reporter's paraphrase): Patrick Henry believed that the states should not give Congress the power to tax directly, arguing that it would allow a minority to impose oppressive taxes against the will of the majority and contradict the spirit and language of the Virginia bill of rights. (key quote above) [3]
• BELIEF (1788-06-17): Patrick Henry believed that the states should not give Congress the power to tax directly, as he considered it one of the 'great points' that should not be left unchanged, implying his opposition to direct taxation by Congress. "leaving the great points of the Judiciary, direct taxation <fec, to stand as they are" [4]
• ACTION (editor's note) (undated; editor's note, not his words): The editor's note reports that Patrick Henry knew of Mr. Madison's hostility to certain omitted amendments and that Madison's action was as predicted by Henry. It also states that Henry was likely active in forming a strong party opposing these omissions. "The action of Mr. Madison was as predicted by Mr. Henry, who knew his hostility to the omitted amendments. It seems to have been backed up by a strong party, which doubtless he was active in forming." [5]
• ACTION (undated): Patrick Henry opposed a congressional scheme for restoration of currency and urged taxation as the only remedy. This action shows he believed Congress should not have the power to tax directly, and instead, states should manage their own taxation. "opposes congressional scheme for restoration of currency, and urges taxation as the only remedy" [6]
• BELIEF (undated): Patrick Henry believed that the states should not give Congress the power to tax directly, as he argued it would be oppressive and dishonorable, and he vowed Virginia would not surrender its 'soul' to Congress. "I tell you they shall not have the soul of Virginia. They tell us that one collector may col" [7]
• ACTION (editor's note) (undated; editor's note, not his words): Patrick Henry proposed an amendment to prevent the Federal Government from having the power of direct taxation and excises, except as a punishment for failure to comply with requisitions. The passage does not specify a date for this action. "Mr. Henry insisted that direct taxation and excises should not be trusted with the Federal Government, except as a punishment for failure to comply with requisitions;" [8]
• BELIEF (undated): Patrick Henry believed that no aid, charge, tax, or fee can be set, rated, or levied upon the people without their own consent, or that of their representatives, so elected. "no aid, charge, tax, or fee can be set, rated, or levied upon the people without their own consent, or that of their representatives, so elected" [9]
• ACTION (editor's note) (undated; editor's note, not his words): The editor's note reports that Patrick Henry proposed an alternative to direct internal taxes, suggesting that money needed should have been raised in the States in just proportions, through State officers, and that Congress would not have asked for more than was necessary and proper. The note does not specify a date for this proposal. "Had Mr. Henry's proposal in this regard been adopted, the money needed would have been raised in the States, in just proportions, in the mode easiest to the people, and through State officers ; and Congress would not have asked for more than was necessary and proper." [10]

What cuts against it

• The contrary-evidence entries are already in the record ledger above: [4], [5], [6].

2. HOW IT APPLIES (reasoning; inference is marked)

1. Patrick Henry believed that giving Congress the power to tax directly without a bill of rights was dangerous and absurd. "You have disposed of them to Congress, without a bill of rights — without check, limitation, or control." [2]

2. He argued that such power would leave the people without checks or barriers against a powerful federal government, while state governments were weakened and over-controlled. "And still you have checks and guards; still you keep barriers — pointed where? Pointed against your weakened, prostrated, enervated state government!" [2]

3. He believed that the states should not give Congress the power to tax directly, arguing that it would lead to oppressive taxation and the ruin of the people. "I beseech gentlemen, at all hazards, not to give up this unlimited power of taxation... This, it seems to me, will produce such dreadful oppression as the people cannot possibly bear." [11]

4. He contended that the Constitution assumes Congress would be more virtuous than state legislatures, which he found degrading and unrealistic. "There is no real check to prevent their ruining us. There is no actual responsibility." [12]

5. He believed that the states should not give Congress the power to tax directly, arguing that it would allow a minority to impose oppressive taxes against the will of the majority and contradict the spirit and language of the Virginia bill of rights. (key quote above) [3]

3. HIS TAKE

Record coverage: PARTIAL

The record is silent on the specific mechanisms or structures that should be used to prevent Congress from having the power to tax directly, and on the exact balance of power between the states and the federal government in the context of taxation.

Extrapolation: Patrick Henry would likely oppose giving Congress the power to tax directly, as he believed it would lead to oppressive taxation and the erosion of state sovereignty. He would advocate for a system where the states retain the primary power to tax, with federal taxation being a last resort and subject to strict limitations.

Competing readings: One reading is that Henry's opposition was based on his belief in state sovereignty and the need for checks and balances. Another reading is that his opposition was influenced by his concern for the rights of the people and the potential for federal overreach. The record supports both readings.

Confidence: Moderate, based on the partial coverage of the record and the presence of both supporting and contrary evidence.