Objections to Reciprocity on Constitutional and Practical Grounds (Classic Reprint)

Excerpt from Objections to Reciprocity on Constitutional and Practical Grounds

These are weighty words from high authority. They invite a careful consideration of the constitutional provisions upon which Mr. Choate and Mr. Morrill based their conclu sions.

Article 2, Section 2 of the Constitution declares that the President shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present concur; and Article 6 declares that all treaties made, or which shall be made, under the author ity of the United States, shall be the supreme law of the land.

But Article 1, Section 7 of the Constitution declares that all bills for raising revenue shall originate in the House of Representatives.

And Article 1, Section 8 of the Constitution declares that The Congress shall have power to lay and collect taxes, duties, imposts, and excises and to regulate commerce with foreign nations.

Is there a conflict between the section of the Constitution which defines the treaty-making power and the sections which define the power of the House with reference to revenue bills and of Congress with reference to the levying of taxes and duties and the regulation of commerce?

The principle has been laid down by Story (section 1508) that A treaty cannot be construed so as to destroy other powers given in the Constitution. But if the President, by and with the advice and consent of the Senate, may make a reciprocal trade treaty, which changes the rates of duty, is not that a destruction of the power conferred upon Congress by the Constitution to lay and collect taxes and duties?

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