The issue involved is, fundamentally, one of _functions_, and is viewed at different times with different understandings. As a practical question, it is one of _jurisdiction_ as legally understood, but as a question of _service_ as politically understood. Here enter many and diverse factors as morals, industry, communal interest, public safety, social needs, and the like. Questions growing out of these are not and cannot be decided finally by any generation. Each generation interprets these factors. Thus constitutional interpretation becomes, not a fixed quantity, but an adjustment to reason and necessity. Prudence dictates that interpretation be conservative. The constitutional and political history of America must be read along with its constitutional law. In addition to cases already cited in this chapter, the following may advantageously be read, though each contains matter of special application to other aspects of the subject: _Ex parte_ Siebold, 100 U. S., 371 (1879); The Civil Rights Cases, 109 U. S., 3 (1883); Rogers _v._ Alabama, 192 U. S., 226 (1904). [32] Marbury _v._ Madison, 1 Cranch, 177. [33] Art. i., 1. [34] Art. vi., 2. [35] A typical formulation in Massachusetts, (1780) Pt. I., xxx. Discussed in Taylor _v._ Place, 4 R. I., 324 (1856.) [36] McCulloch _v._ Maryland, 4 Wheaton, 316. [37] Art. i., v.; Amendment XII. [38] “The Sources and Authorship of the Constitution,” in the author’s _Constitutional History of the United States_, iii., 464–515. [39] Art. i., 8: 1. [40] Art. i., 9: 2. [41] _Id._, 3. [42] _Id._, 5. [43] _Id._, 6. [44] _Id._, 7. [45] See the Chapters on _The Law of Limitations_, and _The Law of Fundamental Rights_. [46] _Pennsylvania_, 1873, Art. i., 26. [47] Thus annulling Art. i., 2: 3. [48] It will be profitable to compare this amendment with the doctrine laid down in Marbury _v._ Madison, 1 Cranch, 137. See also _The Reconciliation of Government and Liberty_, J. W. Burgess (1915). [49] The fundamental principle of judicial interpretation is laid down in Marbury _v._ Madison; the principle is examined in the Chapter on _The Law of Judicial Power_. [50] Art. iii. [51] This point is elaborated and examined by the Supreme Court in the decision declaring the Civil Rights Bill of April 9, 1866, unconstitutional. Civil Rights Cases, 109 U. S., 3 (1883). The doctrine annunciated is that Congress has no power to legislate _generally_ upon subjects, power over which is reserved to the States by the Tenth Amendment. [52] See authorities at close of preceding Chapter; also Chapter XI. [53] In this connection as to the President see Field _v._ Clark, 143 U. S., 649 (1892). [54] Art. i., 8: 18. [55] Preamble. As to “necessary and proper,” see United States _v._ Fisher, 2 Cranch, 396; McCulloch _v._ Maryland, 4 Wheaton, 421. [56] U. S. _v._ Fisher, _supra_.