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US Constitution study guide: Difference between revisions
→Section 2. [composition of the House & requirements for office, Enumeration clause & impeachment]
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* the apportionment requirement made a federal "direct" tax on incomes or property ''per person'' impractical | * the apportionment requirement made a federal "direct" tax on incomes or property ''per person'' impractical | ||
* instead, Congress taxed transactions, so the dominant sources of tax revenue up until the 16th amendment (1913) were tariffs (taxes on imported goods) and excise taxes (taxes upon transactions) | * instead, Congress taxed transactions, so the dominant sources of tax revenue up until the 16th amendment (1913) were tariffs (taxes on imported goods) and excise taxes (taxes upon transactions) | ||
* this provision was annulled by the 16th amendment which instituted a direct income tax on individuals without "apportionment"}}''' shall be '''{{#tip-text: apportioned|Apportionment: | * this provision was annulled by the 16th amendment which instituted a direct income tax on individuals without "apportionment"}}'''</span> shall be '''{{#tip-text: apportioned|Apportionment: | ||
* = dividing up, or allotting (distributing) | * = dividing up, or allotting (distributing) | ||
* = counting the population for representation in the House of Representatives or for dividing up the population for taxes}}''' among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, {{#tip-text:including those bound to Service for a Term of Years, and excluding Indians not taxed|"free persons & "Indians not taxed" | * = counting the population for representation in the House of Representatives or for dividing up the population for taxes}}''' among the several States which may be included within this Union, according to their respective Numbers, <span style="background-color:#cccccc">which shall be determined by adding to the whole Number of free Persons, {{#tip-text:including those bound to Service for a Term of Years, and excluding Indians not taxed|"free persons & "Indians not taxed" | ||
* the 13th Amendment banned slavery, including indentured servants | * the 13th Amendment banned slavery, including indentured servants | ||
* Native Americans are now taxed, so the exclusion of "Indians not taxed" is no longer in effect}}''', {{#tip-text:three fifths of all other Persons|Known as the "3/5ths Clause": | * Native Americans are now taxed, so the exclusion of "Indians not taxed" is no longer in effect}}''', {{#tip-text:three fifths of all other Persons|Known as the "3/5ths Clause": | ||
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* the compromise was an inverted copy of the compromise reached during the Revolutionary War regarding the apportionment (division) of the expenses of the Revolution by which the South demanded that the slaves not be counted, while the North argued that slaves should be counted -- the opposite of their arguments over apportionment for representation in the House during the Constitutional Convention | * the compromise was an inverted copy of the compromise reached during the Revolutionary War regarding the apportionment (division) of the expenses of the Revolution by which the South demanded that the slaves not be counted, while the North argued that slaves should be counted -- the opposite of their arguments over apportionment for representation in the House during the Constitutional Convention | ||
* the Thirteenth amendment abolished slavery | * the Thirteenth amendment abolished slavery | ||
* the Fourteenth amendment gave full citizenship to "all persons born or naturalized in the United States," which annulled the need for apportionment regarding slaves}}'''. '''{{#tip-text:The actual Enumeration |Enumeration | * the Fourteenth amendment gave full citizenship to "all persons born or naturalized in the United States," which annulled the need for apportionment regarding slaves}}'''.</span> '''{{#tip-text:The actual Enumeration |Enumeration | ||
* = counting for purposes of apportionment of representation and direct taxes | * = counting for purposes of apportionment of representation and direct taxes | ||
* the entire paragraph here is known as the "Enumeration clause"}}''' | * the entire paragraph here is known as the "Enumeration clause"}}''' shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. | ||
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. | When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. | ||