the course of descents, or the forms of conveyances

[tongodeon]

So I was reading Federalist 41 and there's a sentence that I do not fully understand:

A power to destroy the freedom of the press, the trial by jury, or even to regulate the course of descents, or the forms of conveyances, must be very singularly expressed by the terms "to raise money for the general welfare."I think I understand the general jist

Comments

[opadit]

In modern American jurisprudence, descent refers to acquiring real property by operation of law, meaning either through a will or through intestacy (i.e., the state-specific rules for how property is distributed to a person's heirs absent a will), as opposed to by a transfer. Conveyance refers to the transfer -- that is, through sale, barter, or gift -- of property or an interest in property, which can be real property or personal property.

I bet "regulate the course of descents" refers to estate taxes, as ikkyu2 says, or to state interference with the freedom to leave your farmland to whoever you want to. And I bet "[regulate] the forms of conveyance" refers to impairing the Obligation of Contracts.

Very strictly speaking, descent is specific to real property; when you're talking about personal property you use the term distribution. Likewise, real property is devised, and personal property is bequeathed. But no court will throw out a will if the terms aren't used perfectly. I bet that a good number of states have abolished the