Constitutional history -- United States -- Sources; Constitutional law -- United States
The residue of the argument against the provisions of the Constitution
in respect to taxation is ingrafted upon the following clause. The last
clause of the eighth section of the first article of the plan under
consideration authorizes the national legislature “to make all laws
which shall be NECESSARY and PROPER for carrying into execution THE
POWERS by that Constitution vested in the government of the United
States, or in any department or officer thereof”; and the second clause
of the sixth article declares, “that the Constitution and the laws of
the United States made IN PURSUANCE THEREOF, and the treaties made by
their authority shall be the SUPREME LAW of the land, any thing in the
constitution or laws of any State to the contrary notwithstanding.”
These two clauses have been the source of much virulent invective and
petulant declamation against the proposed Constitution. They have been
held up to the people in all the exaggerated colors of
misrepresentation as the pernicious engines by which their local
governments were to be destroyed and their liberties exterminated; as
the hideous monster whose devouring jaws would spare neither sex nor
age, nor high nor low, nor sacred nor profane; and yet, strange as it
may appear, after all this clamor, to those who may not have happened
to contemplate them in the same light, it may be affirmed with perfect
confidence that the constitutional operation of the intended government
would be precisely the same, if these clauses were entirely
obliterated, as if they were repeated in every article. They are only
declaratory of a truth which would have resulted by necessary and
unavoidable implication from the very act of constituting a federal
government, and vesting it with certain specified powers. This is so
clear a proposition, that moderation itself can scarcely listen to the
railings which have been so copiously vented against this part of the
plan, without emotions that disturb its equanimity.
What is a power, but the ability or faculty of doing a thing? What is
the ability to do a thing, but the power of employing the MEANS
necessary to its execution? What is a LEGISLATIVE power, but a power of
making LAWS? What are the MEANS to execute a LEGISLATIVE power but
LAWS? What is the power of laying and collecting taxes, but a
LEGISLATIVE POWER, or a power of MAKING LAWS, to lay and collect taxes?
What are the proper means of executing such a power, but NECESSARY and
PROPER laws?
Public-domain text, read in full here on John Shaqi.
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