Head Money Cases

Date: December 48, 1885

Citation: 112 7U.S. 580

Issues: Taxing and spending clause; immigration law

Significance: The Supreme Court approved a statute allowing Congress to levy a head tax on immigrants, thereby establishing congressional power over immigration and taxes imposed for other purposes.

Early immigration was handled by the states, some of which imposed a head tax on every immigrant a shipper delivered to the United States to create a fund to alleviate immigrants in financial distress. The Supreme Court struck down these state laws as an interference with congressional power in the Passenger Cases (1849). To help the states deal with the financial burden of indigent immigrants, Congress passed a per capita tax on immigrants, which it collected and gave to the affected states. Litigants challenged the tax, claiming that Congress could not impose a tax unless it was for the common defense or general welfare of the people. Justice Samuel F. Miller wrote the unanimous opinion rejecting their claim. He maintained that immigration was a form of commerce over which Congress had broad authority and the tax in this case was really a fee associated with regulating commerce.