Publisher's Synopsis
Excerpt from Indirect Encroachment on Federal Authority by the Taxing Powers of the States
The determination of the question whether any act or business or privilege or property is a subject of interstate commerce or is an agency of the federal government depends of course on its relation to interstate commerce or to the federal government. This rela tion may be direct or indirect, remote or immediate. The ques tion is often one of degree. A somewhat arbitrary line has to be drawn. In drawing this line in respect to any mooted subject, economic considerations are always pertinent and frequently con trolling. The doctrine of Chief Justice Marshall does not exclude economics from use as a test. His own arguments were frequently economic ones.8 But his doctrine uses the economic test for the single purpose of determining whether the act or business or privi lege or property on which the tax is levied is subject to or immune from the exercise of the state taxing power under consideration. If immunity exists, the immunity is complete. The tax is beyond state authority whether the amount imposed is a million dollars or a cent. Ii, however, the tax falls on an object within the power of the state, the power may be exercised to any extent that the state pleases. The power to tax at all involves the power to tax as the state Wills. It is a power which in its nature acknowledges no limits.
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