Saturday, December 14, 2013

Governor McDonnell Announces Clean Water Budget Investments

The Chesapeake Bay – Landsat photo
The Chesapeake Bay – Landsat photo (Photo credit: Wikipedia)
Continues Efforts to Improve Health of the Chesapeake Bay
Total investment in Water Quality During McDonnell Administration Exceeds $460 million

RICHMOND - Governor Bob McDonnell announced today that his upcoming biennial budget will include major funding aimed at continuing the administration’s efforts to improve water quality in Virginia’s rivers and the Chesapeake Bay.  The budget proposals includes investments and allocations for projects such as Chesapeake Bay restoration, pollution reduction efforts, storm water grants, oyster replenishment programs, funding for the Tangier Seawall and other water quality projects.  With this budget the McDonnell Administration has now invested more than $460 million in water quality projects over the course of the last four years.

  Speaking about the budget proposals, Governor McDonnell said, “As the Chesapeake Bay restoration program celebrates its 30thanniversary, improving the health of the Bay has been one of our most important environmental priorities. The Chesapeake Bay is a national treasure and an ecological wonder.  Over the past 30 years, the Chesapeake Bay Partnership has made immense progress in reducing nutrient pollution flows into the Chesapeake Bay.  As Virginians, we are committed to ensuring a clean and vibrant Chesapeake Bay for future generations to cherish.”

            Governor McDonnell continued, “Virginia’s magnificent waterways from the Cheseapeake Bay to the streams running through the Blue Ridge Mountains deserve preservation and protection. With this budget we are continuing our sustained commitment to improving water quality across the Commonwealth, and ensuring that the Chesapeake Bay remains a vibrant, healthy and beautiful Virginia treasure for generations to come.”

The introduced budget allocates over $31 million from the FY2013 budget surplus, generated by sound fiscal management and savings by state agencies and employees, to the Water Quality Improvement Fund (WQIF) to continue these essential programs:
·         $19.78 million will be used to continue pollution reductions activities in agricultural programs through the Department of Conservation and Recreation (DCR);
·         $800,000 will be used to support the Conservation Reserve Enhancement Program;
·         $250,000 will be slated for implementation of forestry best management practices;
·         $100,000 will be used to implement best management practices on golf courses;
·         $6.59 million will be used to support nonpoint activities in the Department of Environmental Quality (DEQ), including stormwater projects, such as municipal separate stormwater sewer systems (MS4) and grants to local governments; and

·         $3.95 million will be deposited within the WQIF reserve fund.  

            In addition, the budget provides funds to the Department of Conservation and Recreation to support the development of Agricultural Resource Management Plans and to provide engineering support to Soil and Water Conservation Districts, as well as continuing $6.9 million annually to the districts for operational support funding.

            The budget also authorizes an additional $20.0 million of bonds through the Virginia Public Building Authority in FY 2016 to support the Local Stormwater Assistance Program created by the Administration last year.  These funds are intended to supplement the $35.0 million of bond funding authorized for the program by the 2013 General Assembly.

Additionally, the budget:
·         Continues $2.0 million of general fund support for oyster replenishment in both FY 2015 and FY 2016,
·         Provides funding for the Commonwealth’s estimated share of the Tangier Seawall project’s costs based on the most recent estimates provided by the Army Corp of Engineers.  The proposed budget provides $23,000 in FY 2015 and $6,000 in FY 2016.

·         Authorizes $1.0 million of bonds through the Virginia Public Building Authority in FY 2014 to assist the City of Alexandria with improvements to its Combined Sewer Overflow system.  

During the McDonnell Administration, over $440 million was invested in clean water efforts including;
·         More than $218 million deposited to the Water Quality Improvement Fund
·         $101 million water quality bond fund to improve wastewater treatment plants across the state
·         $35 million bond fund to establish the new stormwater local assistance fund
·         $75 million bond fund for improvement to the combined sewer overflow systems in Richmond and Lynchburg
·         $10 million to Hopewell and Appomattox for improvements to their waste water and drinking water systems
·         With the money included in this budget, $5 million will be invested in oyster restoration efforts.

Water Quality Accomplishments During McDonnell Administration
·         Virginia has reduced nitrogen pollution by 7.67 million pounds or 11.1%, phosphorus pollution by 0.68 million pounds or  7.7%, and sediment pollution by 262.0 million pounds or 6.9%
·         Phase I and II of Virginia’s Watershed Implementation Plan was developed and approved by the EPA.
·         The Governor signed legislation eliminating phosphorus from usable fertilizer beginning December 31, 2013.
·         The Governor signed legislation requiring golf courses to implement nutrient management plans by 2017.
·         The Governor signed legislation requiring VDACS to establish reporting requirements for contractor-applicators who apply fertilizer to more than 100 acres annually.
·         The Governor signed legislation allowing farmers who develop agriculture resource management plans to be deemed as being in full compliance with any load allocation contained in a TMDL.

·         Virginia received the EPA’s “Biggest Loser” Award in 2011 for reducing more non point source nitrogen than any other state in Region 3 and second in the nation. 
·         Virginia is exceeding its commitments under the Chesapeake Bay Program to reduce nutrients in the bay from wastewater treatment plants.  Major wastewater facilities in 2011 exceeded pollution reduction goals by more than 2,000% for nitrogen (7 million lbs/yr) and more than 450% for phosphorus (567,000 lbs/yr).  
·         Virginia expects to exceed our 2013 Bay milestones and is well on the way to meeting its commitments.
·         Virginia restored 1,653 acres of wetlands in 2011, more than double that of any other jurisdiction.
·         Virginia established a new fund to support stream exclusion efforts resulting in protecting over 75,000 linear feet or 14.2 miles of stream bank with livestock exclusion fence.  Over $18.6 million in state funds was dedicated to livestock exclusion.

·         Oyster harvest in 2012-2013 was 60% greater than in the previous harvest years increasing dock value to more than $16.2 million. The ripple effects through the economy from last year’s unexpectedly large oyster harvest resulted in an estimated $42.6 million in economic value.
·         The blue crab population reached its highest level in 20 years in 2012, and overfishing is no longer occurring.   The total population of blue crabs in the Chesapeake Bay reached 764 million. This was a 66 percent increase above the 2011 abundance level and was the highest level recorded since 1993.
·         The bald eagle breeding population within the Virginia portion of the Bay now numbers over 800 pairs, a dramatic recovery for the estimated low of 20 pairs.  The Chesapeake Bay now supports the highest bald eagle chick growth rates and brood size of any population throughout the range.
·         The osprey breeding population within the Chesapeake Bay has recovered from 1,400 pairs in the early 1970s to more than 8,000 pairs today, with the Bay now supporting the largest breeding population of osprey in the world

·         The summer flounder stocks quadrupled under a stock rebuilding plan.  Recreational size limits were reduced, allowing anglers to keep more of the fish they catch.
·         Virginia improved and expanded the use of nutrient credits in Virginia.  Building on our existing nutrient credit trading program and will be a key tool in meeting and maintaining water quality in the Chesapeake Bay as well as offering flexibility in meeting nutrient reduction requirements statewide.
·         Virginia has around 780,000 acres under nutrient management inside the Bay and 950,000 statewide.
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Thursday, December 12, 2013

Your Microbiota


By Dr. Mercola
Researchers are increasingly starting to recognize gut microbiota as one of your unappreciated “organs.”1 It may be even more apt to view your body as a “super organism” composed of symbiotic microorganisms, as proposed in the video above.
Either way, there’s no denying the powerful influence these microorganisms have on both your physical and mental health. This is great news, since this places you in a distinct position of power over your health and well-being. As recently reported by the Institute of Science in Society:2
“The rapidly progressing study of the human microbiota is revealing that humans are not individual self-contained beings, but instead hugely complex super-organisms that blur the distinction between where ‘we’ end and ‘they’ begin.
The human microbiota consists of an estimated 100 trillion cells, at least 10 times the number of human cells, and new research is revealing how this symbiotic relationship determines human health and disease.”
Recent research suggests that many people are deficient in gut bacteria, making it a very important consideration if you’re not feeling in optimal shape, physically or psychologically.
In the study3, 4 in question, a quarter of the participants were found to have 40 percent fewer gut bacteria than the average needed for good health. Obese participants were particularly at risk.

Your Body Viewed as a Symbiotic ‘Super Organism’

The trillions of bacteria cohabiting inside you are not restricted to your intestinal tract. They also colonize your skin—both on the outside and deeper beneath the surface layers—your mouth, saliva and more. 
For example, six different tribes of beneficial bacteria have been found to reside in the crook of your elbow, where they moisturize your skin by processing raw fats.
The bacteria in your gut may be considered among the most important however, due to their wide-ranging and cascading health effects. It’s well-known that altering the balance of bacteria in your digestive tract can weaken your immune system, for example.

And once your immune system is compromised, your body becomes far more vulnerable to all sorts of foreign invaders, inflammation, and disease.
Even the National Institutes of Health cites research showing that “variations in the composition of microbial communities may contribute to chronic health conditions, including diabetes, asthma, obesity, and digestive disorders.”

Bacteria Influence What Happens to Nutrients and Drugs Once Inside Your Body

Gut bacteria have also been found to influence the processing and utilization of dietary nutrients;5,6 they help protect against food borne disease,7 and can even have a profound impact on drug efficacy. For instance, recent research claims chemotherapy drugs actually need certain gut bacteria in order to work! As reported by Science News:8
“Cancer patients may carry powerful weapons against tumors in their intestines. Two independent studies indicate that intestinal bacteria assist chemotherapy drugs in fighting off tumors.
...In experiments using mice, antibiotics hampered the ability of two types of anticancer treatments to combat lymphoma and skin and colon tumors9... A separate study10... shows that a chemotherapy drug called cyclophosphamide causes bacteria in the gut to move into the lymph system. Once there, the bacteria trigger production of immune cells that then kill tumor cells...”
Bacteria have also been identified as major players in the distribution of your body fat, metabolism, and the regulation of your mood and memory. Mounting research actually shows that problems in your gut can directly impact your mental health, leading to issues like anxiety and depression. They also help educate your immune cells—telling them which pathogens to fight off and which ones to leave alone.

Psychobiotics—The Future of Psychiatry

Beneficial bacteria known as probiotics may be the answer we’re looking for to address the rampant rise of mental health problems such as depression. A recent article in Popular Science11 addressed the rise of “psychobiotics” in psychiatric science, stating:
“[P]harmacologic compounds for psychiatric treatment are numerous and up to 20 percent of all Americans are taking some type of psychotropic medication totaling some $34 billion dollars annually.

While there have been calls for a reduction in use of these chemicals, primarily due to the fact that many are ineffective, there is a constant pressure from the public to have all their problems solved by a pill.
There is a different – and less costly – course to deal with stress and other psychological problems although until recently, there has been little to no attention paid to this option. The treatment does not involve an individual chemical but rather a plethora of them which act to reduce inflammation, calm stress and bring about a more pleasant mood... They are called quite simply, Psychobiotics.
... [A] psychobiotic is ‘a live organism that, when ingested in adequate amounts, produces a health benefit in patients suffering from psychiatric illness.’ These live organisms are comprised not only of probiotics but also other bacteria known to produce psychotropic signals such as serotonin and dopamine.”
According to an article published this past June in the journal Biological Psychiatry,12 the authors suggest that even severe and chronic mental health problems, including post-traumatic stress disorder (PTSD), might be eliminated through the use of certain probiotics.

Two strains shown to have a calming influence, in part by dampening stress hormones, are Lactobacillus helveticus andBifidobacterium longum. Others may have similar effects, although more research is needed to identify them.
“As a class of probiotic, these bacteria are capable of producing and delivering neuroactive substances such as gamma-aminobutyric acid and serotonin, which act on the brain-gut axis. Preclinical evaluation in rodents suggests that certain psychobiotics possess antidepressant or anxiolytic activity. Effects may be mediated via the vagus nerve, spinal cord, or neuroendocrine systems,” the article states.13

Understanding of This ‘Forgotten Organ’ Is Rapidly Mounting

The Institute of Science in Society14 mentions two major collaborative efforts that help deepen our understanding of the human microbiome: the International Human Microbiome Consortium, and the US National Institute of Health’s Human Microbiome Project (HMP). To this, I would add a third, called The American Gut Project. American Gut builds on other projects, including the five-year long Human Microbiome Project that is coming to conclusion at the end of this year.
The aim of the Human Microbiome Project was to “characterize microbial communities found at multiple human body sites and to look for correlations between changes in the microbiome and human health.” So far, this data gathering has resulted in 190 scientific papers, along with a repository of resources that scientists can access to explore the relationships between human gut bacteria and disease.
The American Gut Project decided to take it a step further by allowing the American public to participate. (I published an invitation to join the project in December last year. Hopefully, some of you decided to join, as I did. If you didn’t, you can still sign up to participate on the Human Food Project’s website.15) All the gathered information from this project will be made public. It’s an extremely ambitious project seeking to identify the parameters for the ideal gut flora, and how diet affects it.
What’s particularly exciting about the American Gut Project is the fact that it will allow us to really evaluate and compare the effects of a very diverse conglomeration of lifestyles. Scientific studies almost always focus on carefully chosen groups of people who are studied for a specific purpose, typically to confirm or debunk a hypothesis. This project, on the other hand, will crack the lid open on the effects on gut flora of a myriad of lifestyle choices, by people of all ethnicities and ages. According to Professor Rob Knight of CU-Boulder’s BioFrontiers Institute:16
“A key aspect of the project is to understand how diet and lifestyle, whether by choice -- like athletes or vegetarians -- or by necessity, including those suffering from particular autoimmune diseases or who have food allergies, affect peoples’ microbial makeup.”

Gut Microbes Linked to Rheumatoid Arthritis

In related news, researchers have identified specific types of gut bacteria that correlate with the development of rheumatoid arthritis—a chronic autoimmune disease that affects about one percent of the American population. At least two million Americans have definite or classical rheumatoid arthritis. Most patients with rheumatoid arthritis have a progressive disability, and the annual cost of this disease in the US is estimated to be over $1 billion. According to the National Institutes of Health17(NIH), which recently revealed the results of the research:
“The finding suggests a potential role for the bacteria in this autoimmune disease... The gut microbiome has been linked to arthritis in animal studies. To see if these microbes might also be associated with rheumatoid arthritis in humans, Dr. Dan Littman of NYU School of Medicine led a team of researchers that examined DNA in 114 stool samples from both healthy people and those who had rheumatoid or psoriatic arthritis.”
The researchers found that the bacterium Prevotella copri was present in the intestinal microbiome of:
  • 75 percent of those with new-onset, untreated rheumatoid arthritis
  • 12 percent of those with chronic, treated rheumatoid arthritis
  • 38 percent of people with psoriatic arthritis
  • 21 percent of healthy controls
Increased levels of Prevotella copri was associated with lower levels of several different microbes known to have beneficial health effects. Interestingly, further DNA sequencing revealed unique Prevotella genes that specifically correlated with rheumatoid arthritis.

A Novel Approach to Treat Rheumatoid Arthritis

This isn’t the first time a microorganism has been linked to the development of rheumatoid arthritis. The late Dr. Thomas McPherson Brown18—a board certified rheumatologist—wrote the book The Road Back, published in 1988. The book outlined a novel treatment approach for RA based on Dr. Sabin’s theory that rheumatoid arthritis was caused by a mycoplasma—a type of fungus. Dr. Brown worked with Dr. Albert Sabin at the Rockefeller Institute. As explained by The Road Back Foundation:19
“Brown isolated a bacteria-like agent from the joint fluid of an arthritic woman and speculated that it might be the infectious trigger for her disease. The bug in question, then generically classified as an L-form, was too small to identify precisely, but with the advent of electron microscopy it was shown to be a class of cell-wall-deficient organisms which scientists named mycoplasma, for watery fungus. Mycoplasma is ubiquitous and not at all easy to get rid of, but Brown found that it usually could be controlled by long-term, low-level doses of tetracycline.”
I first became aware of Dr. Brown's protocol in 1989 when I saw him discussing it on an episode of ABC’s 20/20. Dr. Brown's pioneering approach represents a far safer, less toxic alternative to many conventional regimens of today. Initially, I rigidly followed Dr. Brown's work with minimal modifications to his protocol. Since then, my application of Dr. Brown's protocol has changed rather significantly. I believe I was one of the first physicians to recommend the shift from using tetracycline to using Minocin instead. Most people who use his protocol now use Minocin.
In the 1990s, I also integrated dietary modifications to the protocol, which I believe can accelerate the response rate from about two years down to several months. I cannot emphasize strongly enough the importance of this aspect of the program. Still, the length of therapy can vary widely. In severe cases, it may take up to 30 months for patients to gain sustained improvement. Remission may take three to five years.
The dietary changes are absolutely an essential component of my RA protocol, which you can find in its entirety here. Dr. Brown's original protocol was notorious for inducing a Herxheimer, or worsening of symptoms, before improvement was noted. This could last two to six months. Implementing my nutrition plan resulted in a lessening of that reaction in most cases.
A third new addition to the protocol is low-dose Naltrexone, which I would encourage anyone with RA to try. It is inexpensive and non-toxic and I have a number of physician reports documenting incredible efficacy in getting people off of all their dangerous arthritis meds.
When I first started using his protocol for patients in the late '80s, the common retort from other physicians was that there was "no scientific proof" that this treatment worked. Well, that is certainly not true today. A review of the bibliography will provide over 200 references in the peer-reviewed medical literature that support the application of Minocin in the use of rheumatic illnesses. In my experience, of the several thousand patients that I treated with my RA protocol, nearly 80 percent of people do remarkably better with this program. However, approximately five percent continue to worsen and require conventional agents, like methotrexate, to relieve their symptoms.

How to Optimize Your Gut Flora

As you can see, consistently reseeding your gut with healthy bacteria may be crucial for the prevention of virtually all disease, from colds to autoimmune disorders, to psychiatric disturbances and even cancer. In light of this, here are my recommendations for optimizing your gut bacteria.
  • Fermented foods are the best route to optimal digestive health, as long as you eat the traditionally made, unpasteurized versions. Healthy choices include lassi (an Indian yoghurt drink, traditionally enjoyed before dinner), fermented, grass-fed organic milk such as kefir, various pickled fermentations of cabbage, turnips, eggplant, cucumbers, onions, squash, and carrots, and natto (fermented soy). Some of the beneficial bacteria found in fermented foods are also excellent chelators of heavy metals and pesticides, which will also have a beneficial health effect by reducing your toxic load.
  • Fermented vegetables, which are one of my new passions, are an excellent way to supply beneficial bacteria back into our gut. And, unlike some other fermented foods, they tend to be palatable, if not downright delicious, to most people. As an added bonus, they can also be a great source of vitamin K2 if you ferment your own using the proper starter culture.
    Most high-quality probiotic supplements will only supply you with a fraction of the beneficial bacteria found in such homemade fermented veggies, so it’s your most economical route to optimal gut health as well. We recently had samples of high-quality fermented organic vegetables made with our specific starter culture tested, and a typical serving (about two to three ounces) contained not only 10 trillion beneficial bacteria, but it also had 500 mcg of vitamin K2, which we now know is a vital co-nutrient to both vitamin D and calcium.
  • Probiotic supplement. Although I'm not a major proponent of taking many supplements (as I believe the majority of your nutrients need to come from food), probiotics is an exception if you don’t eat fermented foods on a regular basis.
In addition to knowing what to add to your diet and lifestyle, it’s equally important to know what to avoid, and these include:
Antibiotics, unless absolutely necessary (and when you do, make sure to reseed your gut with fermented foods and/or a probiotic supplement)Conventionally-raised meats and other animal products, as CAFO animals are routinely fed low-dose antibiotics, plus genetically engineered grains, which have also been implicated in the destruction of gut floraProcessed foods (as the excessive sugars, along with otherwise “dead” nutrients, feed pathogenic bacteria)
Chlorinated and/or fluoridated waterAntibacterial soapAgricultural chemicals,glyphosate (Roundup) in particular
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Gloucester, VA Old Page Middle School Site, What Should We Do With It?

There are a lot of questions being asked about what we should do with the old Page Middle School site.  Ideas have ranged from yet another community park to a community recreation center, a place to institute a new multi garage and repair center for the county and school board vehicles to selling the property to a commercial developer.

  Here is something to consider, it's got plenty of land and space for building what the county could really use.  A living museum.  Yes, we already have a museum.  A very tiny one.  Not a living one.  The county is always looking for ways to promote tourism and trying to figure out how to get more of the tourist dollars that go to other areas such as Jamestown, Yorktown and of course the big one, Williamsburg.  Those are areas with very rich histories.

  Looking at the entire scope of history however, Gloucester ranks right up there with these other locations.  Our history is no less remarkable and we just do not take advantage of it the way we should.  In the past, because of it's location, Gloucester was not a solid contender for being added to the list of joining Jamestown and Yorktown in crafting plans for promoting history and tourism.  Gloucester lacked a solid way to come into the county.  Today that simply isn't the case with a 4 lane bridge connecting us to those major centers.

  Gloucester lacks promotions of Pocahontas, Powhatan, Tobacco plantations, indentured servant uprisings, Bacon's rebellion, Battle of the Hook, Rosewell, Walter Reed birthplace and the first shots fired in Virginia during the American Civil War and the list is much larger than this.  Gloucester history is American History and we sit on it doing very little to promote and take advantage of it.

  Look across the river and watch as Yorktown continues to grow along with the new major museum being built there.  A well planned living museum could do massive  wonders for this community.  Gloucester does not lack historians with an incredible knowledge of this area's history by any means.  Warren Deal and the entire team that put together the Battle of the Hook event back in October did one of the most spectacular jobs anyone could ever begin to imagine.  The educational value would also be a incredible blessing.  We would happily donate all we could to the concept.  If Gloucester is to grow into the future, our leaders need to start looking at what is needed to make that happen in a well structured way that will benefit the community.  Are we to just sit on our history and let it rot never to take advantage of its opportunities?

  If we wait for some company to come in and take advantage of our history, well we have already been doing that and it has gotten us nowhere.  It's time to be proactive.  A new and properly planned living museum could bring in some very much needed tourist dollars and also enhance area education.  It's a win win situation.  In fact, it's Revolutionary.





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Anti Federalist Papers No. 32 – Federal Taxation And The Doctrine Of Implied Powers (Part 1)

A powerful rebuttal of Hamilton, the logic of Brutus can be found in a supreme Court decision of 1819, McCulloch v. Maryland. Taken from "Brutus" fifth essay, The New-York Journal of December 13, 1787.

This constitution considers the people of the several states as one body corporate, and is intended as an original compact; it will therefore dissolve all contracts which may be inconsistent with it. This not only results from its nature, but is expressly declared in the 6th article of it. The design of the constitution is expressed in the preamble, to be, "in order to form a more perfect union, to establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and posterity. " These are the ends this government is to accomplish, and for which it is invested with certain powers; among these is the power "to make all laws which are necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof. "

It is a rule in construing a law to consider the objects the legislature had in view in passing it, and to give it such an explanation as to promote their intention. The same rule will apply in explaining a constitution. The great objects then are declared in this preamble in general and indefinite terms to be to provide for the common welfare, and an express power being vested in the legislature to make all laws which shall be necessary and proper for carrying into execution all the powers vested in the general government. The inference is natural that the legislature will have an authority to make all laws which they shall judge necessary for the common safety, and to promote the general welfare. This amounts to a power to make laws at discretion. No terms can be found more indefinite than these, and it is obvious, that the legislature alone must judge what laws are proper and necessary for the purpose. It may be said, that this way of explaining the constitution, is torturing and making it speak what it never intended. This is far from my intention, and I shall not even insist upon this implied power, but join issue with those who say we are to collect the idea of the powers given from the express words of the clauses granting them; and it will not be difficult to show that the same authority is expressly given which is supposed to be implied in the foregoing paragraphs.

In the lst article, 8th section, it is declared, "that Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense, and general welfare of the United States. " In the preamble, the intent of the constitution, among other things, is declared to be to provide for the common defense, and promote the general welfare, and in this clause the power is in express words given to Congress "to provide for the common defense, and general welfare. " And in the last paragraph of the same section there is an express authority to make all laws which shall be necessary and proper for carrying into execution this power. It is therefore evident, that the legislature under this constitution may pass any law which they may think proper. It is true the 9th section restrains their power with respect to certain subjects. But these restrictions are very limited, some of them improper, some unimportant, and others not easily understood, as I shall hereafter show. It has been urged that the meaning I give to this part of the constitution is not the true one, that the intent of it is to confer on the legislature the power to lay and collect taxes, etc. , 
in order to provide for the common defense and general welfare. To this I would reply, that the meaning and intent of the constitution is to be collected from the words of it, and I submit to the public, whether the construction I have given it is not the most natural and easy. But admitting the contrary opinion to prevail, I shall nevertheless, be able to show, that the same powers are substantially vested in the general government, by several other articles in the constitution. It invests the legislature with authority to lay and collect taxes, duties, imposts and excises, in order to provide for the common defense, and promote the general welfare, and to pass all laws which may be necessary and proper for carrying this power into effect. To comprehend the extent of this authority, it will be requisite to examine

1st. What is included in this power to lay and collect taxes, duties, imposts and excises.

2nd. What is implied in the authority, to pass all laws which shall be necessary and proper for carrying this power into execution.

3rd. What limitation, if any, is set to the exercise of this power by the constitution.

First. To detail the particulars comprehended in the general terms, taxes, duties, imposts and excises, would require a volume, instead of a single piece in a newspaper. Indeed it would be a task far beyond my ability, and to which no one can be competent, unless possessed of a mind capable of comprehending every possible source of revenue; for they extend to every possible way of raising money, whether by direct or indirect taxation. Under this clause may be imposed a poll tax, a land tax, a tax on houses and buildings, on windows and fireplaces, on cattle and on all kinds of personal property. It extends to duties on all kinds of goods to any amount, to tonnage and poundage on vessels, to duties on written instruments, newspapers, almanacks, and books. It comprehends an excise on all kinds of liquors, spirits, wines, cider, beer, etc. , and indeed takes in duty or excise on every necessary or conveniency of life, whether of foreign or home growth or manufactory. In short, we can have no conception of any way in which a government can raise money from the people, but what is included in one or other of these general terms. We may say then that this clause commits to the hands of the general legislature every conceivable source of revenue within the United States, Not only are these terms very comprehensive, and extend to a vast number of objects, but the power to lay and collect has great latitude; it will lead to the passing a vast number of laws, which may affect the personal rights of the citizens of the states, expose their property to fines and confiscation, and put their lives in jeopardy. It opens a door to the appointment of a swarm of revenue and excise collectors to prey upon the honest and industrious part of the community, [and] eat up their substance. . . .

Second. We will next inquire into what is implied in the authority to pass all laws which shall be necessary and proper to carry this power into execution.
It is, perhaps, utterly impossible fully to define this power. The authority granted in the first clause can only be understood in its full extent, by descending to all the particular cases in which a revenue can be raised; the number and variety of these cases are so endless, and as it were infinite, that no man living has, as yet, been able to reckon them up. The greatest geniuses in the world have been for ages employed in the research, and when mankind had supposed that the subject was exhausted they have been astonished with the refined improvements that have been made in modern times ' and especially in the English nation on the subject. If then the objects of this power cannot be comprehended, how is it possible to understand the extent of that power which can pass all laws which shall be necessary and proper for carrying it into executions It is truly incomprehensible. A case cannot be conceived of, which is not included in this power. It is well known that the subject of revenue is the most difficult and extensive in the science of government. It requires the greatest talents of a statesman, and the most numerous and exact provisions of the legislature. The command of the revenues 'Of a state gives the command of every thing in it. He that has the purse will have the sword, and they that have both, have everything; so that the legislature having every source from which money can be drawn under their direction, with a right to make all laws necessary and proper for drawing forth all the resource of the country, would have, in fact, all power.
Were I to enter into the detail, it would be easy to show how this power in its operation, would totally destroy all the powers of the individual states. But this is not necessary for those who will think for themselves, and it will be useless to such as take things upon trust; nothing will awaken them to reflection, until the iron hand of oppression compel them to it.

I shall only remark, that this power, given to the federal legislature, directly annihilates all the powers of the state legislatures. There cannot be a greater solecism in politics than to talk of power in a government, without the command of any revenue. It is as absurd as to talk of an animal without blood, or the subsistence of one without food. Now the general government having in their control every possible source of revenue, and authority to pass any law they may deem necessary to draw them forth, or to facilitate their collection, no source of revenue is therefore left in the hands 'Of any state. Should any state attempt to raise money by law, the general government may repeal or arrest it in the execution, for all their laws will be the supreme law of the land. If then any one can be weak enough to believe that a government can exist without having the authority to raise money to pay a door-keeper to their assembly, he may believe that the state government can exist, should this new constitution take place.

It is agreed by most of the advocates of this new system, that the government which is proper for the United States should be a confederated one; that the respective states ought to retain a portion of their sovereignty, and that they should preserve not only the forms of their legislatures, but also the power to conduct certain internal concerns. How far the powers to be retained by the states are to extend, is the question; we need not spend much time on this subject, as it respects this constitution, for a government without power to raise money is one only in name. It is clear that the legislatures of the respective states must be altogether dependent on the will of the general legislature, for the means of supporting their government. The legislatureof the United States will have a right to exhaust every source of revenue in every state, and to annul all laws of the states which may stand in the way of effecting it; unless therefore we can suppose the state governments can exist without money to support the officers who execute them, we must conclude they will exist no longer than the general legislatures choose they should. Indeed the idea of any government existing, in any respect, as an independent one, without any means of support in their own hands, is an absurdity. If therefore, this constitution has in view, what many of its framers and advocates say it has, to secure and guarantee to the separate states the exercise of certain powers of government, it certainly ought to have left in their hands some sources of revenue. It should have marked the line in which the general government should have raised money, and set bounds over which they should not pass, leaving to the separate states other means to raise supplies for the support of their governments, and to discharge their respective debts. To this it is objected, that the general government ought to have power competent to the purposes of the union; they are to provide for the common defense, to pay the debts of the United States, support foreign ministers, and the civil establishment of the union, and to do these they ought to have authority to raise money adequate to the purpose. On this I observe, that the state governments have also contracted debts; they require money to support their civil officers; . . . if they give to the general government a power to raise money in every way in which it can possibly be raised, with . . . a control over the state legislatures as to prohibit them, whenever the general legislature may think proper, from raising any money, (the states will fail]. It is again objected that it is very difficult, if not impossible, to draw the line of distinction between the powers of the general and state governments on this subject. The first, it is said, must have the power to raise the money necessary for the purposes of the union; if they are limited to certain objects the revenue may fall short of a sufficiency for the public exigencies; they must therefore have discretionary power. The line may be easily and accurately drawn between the powers of the two governments on this head. The distinction between external and internal taxes, is not a novel one in this country. It is a plain one, and easily understood. The first includes impost duties on all imported goods; this species of taxes it is proper should be laid by the general government; many reasons might be urged to show that no danger is to be apprehended from their exercise of it.

 They may be collected in few places, and from few hands with certainty and expedition. But few officers are necessary to be employed in collecting them, and there is no danger of oppression in laying them, because if they are laid higher than trade will bear, the merchants will cease importing, or smuggle their goods. We have therefore sufficient security, arising from the nature of the thing, against burdensome, and intolerable impositions from this kind of tax. The case is far otherwise with regard to direct taxes; these include poll taxes, land taxes, excises, duties on written instruments, on everything we eat, drink, or wear; they take hold of every species of property, and come home to every man's house and pocket. These are often so oppressive, as to grind the face of the poor, and render the lives of the common people a burden to them. The great and only security the people can have against oppression from this kind of taxes, must rest in their representatives. If they are sufficiently numerous to be well informed of the circumstances, . . . and have a proper regard for the people, they will be secure. The general legislature, as I have shown in a former paper, will not be thus qualified,' and therefore, on this account, ought not to exercise the power of direct taxation. If the power of laying imposts will not be sufficient, some other specific mode of raising a revenue should have been assigned the general government; many may be suggested in which their power may be accurately defined and limited, and it would be much better to give them authority to lay and collect a duty on exports, not to exceed a certain rate per cent, than to have surrendered every kind of resource that the country has, to the complete abolition of the state governments, and which will introduce such an infinite number of laws and ordinances, fines and penalties, courts, and judges, collectors, and excisemen, that when a man can number them, he may enumerate the stars of Heaven.

BRUTUS

Battle of the Hook, 2013
 (Photo credit: Battleofthehook)

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