A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
If the opinion of the Supreme Court covered the whole ground of this
act, it ought not to control the coordinate authorities of this
Government. The Congress, the Executive, and the Court must each for
itself be guided by its own opinion of the Constitution. Each public
officer who takes an oath to support the Constitution swears that he
will support it as he understands it, and not as it is understood by
others. It is as much the duty of the House of Representatives, of the
Senate, and of the President to decide upon the constitutionality of any
bill or resolution which may be presented to them for passage or
approval as it is of the supreme judges when it may be brought before
them for judicial decision. The opinion of the judges has no more
authority over Congress than the opinion of Congress has over the
judges, and on that point the President is independent of both. The
authority of the Supreme Court must not, therefore, be permitted to
control the Congress or the Executive when acting in their legislative
capacities, but to have only such influence as the force of their
reasoning may deserve.
But in the case relied upon the Supreme Court have not decided that all
the features of this corporation are compatible with the Constitution.
It is true that the court have said that the law incorporating the bank
is a constitutional exercise of power by Congress; but taking into view
the whole opinion of the court and the reasoning by which they have come
to that conclusion, I understand them to have decided that inasmuch as a
bank is an appropriate means for carrying into effect the enumerated
powers of the General Government, therefore the law incorporating it is
in accordance with that provision of the Constitution which declares
that Congress shall have power "to make all laws which shall be
necessary and proper for carrying those powers into execution." Having
satisfied themselves that the word "_necessary_" in the Constitution
means "_needful," "requisite," "essential," "conducive to_," and that "a
bank" is a convenient, a useful, and essential instrument in the
prosecution of the Government's "fiscal operations," they conclude that
to "use one must be within the discretion of Congress" and that "the act
to incorporate the Bank of the United States is a law made in pursuance
of the Constitution;" "but," say they, "_where the law is not prohibited
and is really calculated to effect any of the objects intrusted to the
Government, to undertake here to inquire into the degree of its
necessity would be to pass the line which circumscribes the judicial
department and to tread on legislative ground_."
Public-domain text, read in full here on John Shaqi.
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