Speech #540093109

The Supreme Court have repeatedly determined that it is a dominion of legislation from which the legislatures of the States are utterly excluded. Let me draw attention for a moment to the opinion of the court in the Head Money Cases. In that case a tax of 50 cents per head levied by Congress upon immigrants from foreign countries. with the design only of promoting the good order of immigration. was under consideration. It was said that the court had never yet declared the power of Congress to pass such a tax law. The court says on it briefly that. though the previous cases in this court on that subject related to State statutes only. they held those statutes void. on the ground that authority to enact them was vested exclusively in Congress by the Constitution. and necessarily they decided that when Congress did pass such a statute. which it had done in the case then at bar. it would be valid. -I can not understand how any honestminded man. however scrupulously observant of his oath of fidelity to the Constitution or tender of every phase of that obligation. need hesitate about the exertion of any power committed to Congress for the purpose of accomplishing any rightful end which Congress is bound under the Constitution to seek. because. the end being a constitutional one. the duty to attain it most perfectly is of the highest constitutional import and obligation. and the exertion of that power which will most efficiently accomplish the desired and constitutional result is the most faithful execution of the duty imposed upon Congress. So the court in the Head Money Cases say that the tax was levied to accomplish a humane and proper regulation of commerce. commerce by immigration. and therefore. though it was called a tax. and perhaps could be supported as a tax. its true and proper constitutional motive and its constitutional support lay in the fact that it was levied as a regulation of commerce.