But what we contend for here is that this bill ignores the distinction between Federal and State power. and is a fraud upon the Constitution. because it perverts the taxing power to police purposes. not as to interstate commerce and foreign commerce. but. as the Senator himself admits. as to the product in a State. made in a State. sold in a State. and not intended to go outside of a State. The Senator quotes from the Head Money Cases. His own quotation shows that Justice Miller made his decision upon the distinct ground that the power to regulate immigration was a part of the power given to Congress under the foreigncommerce clause of the Constitution. and no State has a right to interfere with it. It is an exclusive grant of power to Congress to regulate immigration. and if imposing the headmoney tax upon immigrants was necessary. says Justice Miller. to perfect the execution of that power by Congress. then it was a legitimate exercise of power on the part of Congress to pass the headmoneytax statute. So the Senator is driven in his extremity to sustain this dairy interest to instituting a parallel between this miserable bill and the excise power of taxing whisky. What is the whisky tax for?
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immigrants immigration