FREE BOOKS

Author's List




PREV.   NEXT  
|<   1224   1225   1226   1227   1228   1229   1230   1231   1232   1233   1234   1235   1236   1237   1238   1239   1240   1241   1242   1243   1244   1245   1246   1247   1248  
1249   1250   1251   1252   1253   1254   1255   1256   1257   1258   1259   1260   1261   1262   1263   1264   1265   1266   1267   1268   1269   1270   1271   1272   1273   >>   >|  
w which hits the evil where it is most felt will not be overthrown because there are other instances to which it might have been applied.[1040] The State may do what it can to prevent what is deemed an evil and stop short of those cases in which the harm to the few concerned is thought less important than the harm to the public that would ensue if the rules laid down were made mathematically exact.[1041] Exceptions of specified classes will not render the law unconstitutional unless there is no fair reason for the law that would not equally require its extension to the excepted classes.[1042] Incidental individual inequality does not violate the Fourteenth Amendment.[1043] One who is not discriminated against cannot attack a statute because it does not go further; and if what it commands of one it commands of all others in the same class, that person cannot complain of matter which the statute does not cover.[1044] TAXATION At the outset, the Court did not regard the equal protection clause as having any bearing on taxation.[1045] Before long, however, it took jurisdiction of cases assailing specific tax laws under this provision.[1046] In 1890 it conceded cautiously that "clear and hostile discriminations against particular persons and classes, especially such as are of an unusual character, unknown to the practice of our governments, _might_ be obnoxious to the constitutional prohibition."[1047] In succeeding years the clause has been invoked but sparingly to invalidate State levies. In the field of property taxation, inequality has been condemned only in two classes of cases: (1) intentional discrimination in assessments; and (2) discrimination against foreign corporations. In addition, there are a handful of cases invalidating, because of inequality, State laws imposing income, gross receipts, sales and license taxes. Classifications for the Purpose of Taxation The power of the State to classify for purposes of taxation is "of wide range and flexibility."[1048] The Constitution does not prevent it "from adjusting its system of taxation in all proper and reasonable ways. It may, if it chooses, exempt certain classes of property from any taxation at all, such as churches, libraries, and the property of charitable institutions. It may impose different specific taxes upon different trades and professions, and may vary the rates of excise upon various products; it may tax real estate and personal property in
PREV.   NEXT  
|<   1224   1225   1226   1227   1228   1229   1230   1231   1232   1233   1234   1235   1236   1237   1238   1239   1240   1241   1242   1243   1244   1245   1246   1247   1248  
1249   1250   1251   1252   1253   1254   1255   1256   1257   1258   1259   1260   1261   1262   1263   1264   1265   1266   1267   1268   1269   1270   1271   1272   1273   >>   >|  



Top keywords:

classes

 

taxation

 
property
 

inequality

 

clause

 

statute

 

commands

 
prevent
 

discrimination

 

specific


invalidate

 

sparingly

 

condemned

 

levies

 
character
 

persons

 

unusual

 

discriminations

 

hostile

 

conceded


cautiously

 

intentional

 
unknown
 
succeeding
 
invoked
 

prohibition

 
constitutional
 

practice

 
governments
 
obnoxious

Taxation
 

churches

 
libraries
 
charitable
 

exempt

 

proper

 
reasonable
 
chooses
 

institutions

 
impose

products

 

estate

 

personal

 

excise

 

trades

 

professions

 
system
 

adjusting

 
imposing
 

income