Bailey V. Drexel Furniture Co. - Reasoning

Reasoning

Taft argued the law describes a set course for businesses and when they deviate from that course, a payment is enacted. Taft said, “Scienters are associated with penalties, not with taxes.” “ court must be blind not to see that the so-called tax is imposed to stop the employment of children within the age limits prescribed.” Taft said that the court must commit itself to the highest law of the land and the duty of the court, even though it requires them to refuse legislation designed to promote the highest good. He went on to say that the good sought in unconstitutional legislation leads citizens and legislators down a dangerous path of breaching the constitution and recognized standards. In addition, Congress could take control of many areas of public interest, which the States have control over reserved by the Tenth Amendment, by enacting regulating subjects and enforcing them by a so-called “tax.” This would break down the constitutional limitations on Congress and eliminate the sovereignty of States. A tax is a source of revenue for the government, while a penalty is a regulation and punishment for a certain behavior.

Read more about this topic:  Bailey V. Drexel Furniture Co.

Famous quotes containing the word reasoning:

    The best road to correct reasoning is by physical science; the way to trace effects to causes is through physical science; the only corrective, therefore, of superstition is physical science.
    Frances Wright (1795–1852)

    “Now what I want is, Facts. Teach these boys and girls nothing but Facts. Facts alone are wanted in life. Plant nothing else, and root out everything else. You can only form the minds of reasoning animals upon Facts: nothing else will ever be of service to them.”
    Charles Dickens (1812–1870)

    Acts themselves alone are history.... Tell me the acts, O historian, and leave me to reason upon them as I please; away with your reasoning and your rubbish! All that is not action is not worth reading.
    William Blake (1757–1827)