| | A writ of habeas corpus is a judicial order that commands a prison official or jailer to bring a detainee before a judge to determine if said person is being lawfully held and, if not, to command his release. Anyone who objects to someone’s detention may petition for the writ. This right is therefore one of the surest guarantees of liberty, because it prevents the government from arbitrarily imprisoning those it sees as a threat to its power. The right may only be suspended when the nation faces imminent or actual invasion, or when a violent rebellion has been launched against federal personnel or property, and then only to the extent the “public safety” requires it. | | A writ of habeas corpus is a judicial order that commands a prison official or jailer to bring a detainee before a judge to determine if said person is being lawfully held and, if not, to command his release. Anyone who objects to someone’s detention may petition for the writ. This right is therefore one of the surest guarantees of liberty, because it prevents the government from arbitrarily imprisoning those it sees as a threat to its power. The right may only be suspended when the nation faces imminent or actual invasion, or when a violent rebellion has been launched against federal personnel or property, and then only to the extent the “public safety” requires it. |
| − | '''6. Direct Taxation''' -- Any activity or right that is taxed is necessarily infringed. In ''McCulloch vs. Maryland'', U.S. Supreme Court Chief Justice John Marshall observed that “the power to tax involves the power to destroy.” The fiscal encumbrance of any unalienable right, therefore, is a violation of that right and may lead to its destruction. For that reason, the taxing power of Congress is strictly limited. It is divided into two broad classes which may not be violated: ''Direct'' with apportionment; and ''Indirect'' with uniformity. Congress may either tax things which do not involve the exercise of unalienable rights (thus making such a tax completely '''voluntary''' or '''Indirect'''.) Or, Congress may tax an unalienable right through apportionment among the states (thus making the tax '''mandatory''' or '''Direct''', but politically unpopular.) No other kinds of taxes are permitted. All must fall within one of these two categories. | + | '''6. Direct Taxation''' -- Any activity or right that is taxed is necessarily infringed. In ''McCulloch vs. Maryland'', U.S. Supreme Court Chief Justice John Marshall observed that “the power to tax involves the power to destroy.” The fiscal encumbrance of any unalienable right, therefore, is a violation of that right and may lead to its destruction. For that reason, the taxing power of Congress is strictly limited. It is divided into two broad classes which may not be violated: ''Direct'' with apportionment; and ''Indirect'' with uniformity. Congress has two choices. It may either tax things which do not involve the exercise of unalienable rights (thus making such a tax completely '''voluntary''' or '''Indirect'''.) Or, Congress may tax an unalienable right through apportionment among the states (thus making the tax '''mandatory''' or '''Direct''', but politically unpopular.) No other kinds of taxes are permitted. All must fall within one of these two categories. |
| | Under Direct taxation, Congress may tax the right to own property, earn a living in the private sector, enjoy health care, attend synagogue, publish a newspaper, or any other fundamental right. But all such taxes must be apportioned among the states. On the other hand, under Indirect taxation Congress may impose a duty on certain imports, or it may levy excises on privileged activities and commodities, such as tobacco, alcohol, government licenses, and certain federally-connected occupations and investments. But the tax in these cases must be uniform throughout the United States. If a tax falls outside these parameters, it is unconstitutional and must be struck down. | | Under Direct taxation, Congress may tax the right to own property, earn a living in the private sector, enjoy health care, attend synagogue, publish a newspaper, or any other fundamental right. But all such taxes must be apportioned among the states. On the other hand, under Indirect taxation Congress may impose a duty on certain imports, or it may levy excises on privileged activities and commodities, such as tobacco, alcohol, government licenses, and certain federally-connected occupations and investments. But the tax in these cases must be uniform throughout the United States. If a tax falls outside these parameters, it is unconstitutional and must be struck down. |