Quote Originally Posted by Freed Gerdes View Post
This would seem to be consistent with the concept that there is no Constitutional authority
Right. Constitutional restrictions do not apply in the territories, except legislatively (which translates: whenever Congress feels like they want it to apply, or not).

Quote Originally Posted by Freed Gerdes View Post
Now I have a question for the brain trust: the state of NC has passed a law, duly passed by the legislature, which establishes a tax on all vehicles of 3% of value upon transfer of title. The Constitution says all direct taxes must be apportioned by the states, but does not say that a direct tax on property by the state has to be apportioned, only that it has to be uniform. So this tax is legal? Constitutional? NC also 'requires' all motor vehicles (and they define same in NCGS 105-164.4B (17) to be any motorized vehicle, not just those in interstate commerce for hire) to be registered with the state, inspected, and insured, and or course they charge fees for every step... Can anyone shed nay further light on the legal basis for these 'requirements?' The state tax does not seem to be connected to the public trust issue of title, or is it and I am just missing it?

Freed
I would encourage you to examine the venue of this "law". What is this "NC" that passed this "law". Is it "The State of North Carolina" as one of the several States of the Perpetual Union? Or is it "STATE OF NORTH CAROLINA" or "NC", meaning some non-several State territorial venue. Somewhere deep in that "code" will be some applicable definitions as it relates to the venue of the law -- usually you will want to look for the definition of "state" and/or "United States". You'll typically find those definitions only embrace places subject to the exclusive legislative jurisdiction of Congress, meaning they are territorial in nature. And if you are not in a territorial venue, then territorial laws wouldn't apply to you, would they?