History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
The next subject in the order of the report made by the committee of
detail was that general clause now found at the close of the
enumeration of the express powers of Congress, which authorizes them
"to make all laws which may be necessary and proper for carrying into
execution the foregoing powers, and all other powers vested by this
Constitution in the government of the United States, or in any
department or officer thereof."[266] Nothing occurred in the
proceedings on this provision which throws any particular light upon
its meaning, excepting a proposition to include in it, expressly, the
power to "establish all offices" necessary to execute the powers of
the Constitution; an addition which was not made, because it was
considered to be already implied in the terms of the clause.[267]
The subjects of patents for useful inventions and of copyrights of
authors appear to have been brought forward by Mr. Charles Pinckney.
They gave rise to no discussion in the Convention, but were considered
in a grand committee, with other matters, and there is no account of
the views which they took of this interesting branch of the powers of
Congress. We know, however, historically, that these were powers not
only possessed by all the States, but exercised by some of them,
before the Constitution of the United States was formed. Some of the
States had general copyright laws, not unlike those which have since
been enacted by Congress;[268] but patents for useful inventions were
granted by special acts of legislation in each case. When the power to
legislate on these subjects was surrendered by the States to the
general government, it was surrendered as a power to legislate for the
purpose of securing a natural right to the fruits of mental labor.
This was the view of it taken in the previous legislation of the
States, by which the power conferred upon Congress must of course, to
a large extent, be construed.
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