A Compilation of the Messages and Papers of the Presidents. Volume 2, part 1: James Monroe
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 1: James Monroe
Monroe, James, 1758-1831; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
In this examination of the right of appropriation I thought it proper
to present to view also the practice of the Government under it, and to
explore the ground on which each example rested, that the precise nature
and extent of the construction thereby given of the right might be
clearly understood. The right to raise money would have given, as is
presumed, the right to use it, although nothing had been said to that
effect in the Constitution; and where the right to raise it is granted
without special limitation, we must look for such limitation to other
causes. Our attention is first drawn to the right to appropriate, and
not finding it there we must then look to the general powers of the
Government as designated by the specific grants and to the purposes
contemplated by them, allowing to this (the right to raise money), the
first and most important of the enumerated powers, a scope which will
be competent to those purposes. The practice of the Government, as
illustrated by numerous and strong examples directly applicable, ought
surely to have great weight in fixing the construction of each grant.
It ought, I presume, to settle it, especially where it is acquiesced
in by the nation and produces a manifest and positive good. A practical
construction, thus supported, shows that it has reason on its side and
is called for by the interests of the Union. Hence, too, the presumption
that it will be persevered in. It will surely be better to admit that
the construction given by these examples has been just arid proper than
to deny that construction and still to practice on it--to say one thing
and to do another.
Public-domain text, read in full here on John Shaqi.
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