Constitutional history -- United States -- Sources; Constitutional law -- United States
This simple train of inquiry furnishes us at once with a test by which
to judge of the true nature of the clause complained of. It conducts us
to this palpable truth, that a power to lay and collect taxes must be a
power to pass all laws NECESSARY and PROPER for the execution of that
power; and what does the unfortunate and culumniated provision in
question do more than declare the same truth, to wit, that the national
legislature, to whom the power of laying and collecting taxes had been
previously given, might, in the execution of that power, pass all laws
NECESSARY and PROPER to carry it into effect? I have applied these
observations thus particularly to the power of taxation, because it is
the immediate subject under consideration, and because it is the most
important of the authorities proposed to be conferred upon the Union.
But the same process will lead to the same result, in relation to all
other powers declared in the Constitution. And it is EXPRESSLY to
execute these powers that the sweeping clause, as it has been
affectedly called, authorizes the national legislature to pass all
NECESSARY and PROPER laws. If there is any thing exceptionable, it must
be sought for in the specific powers upon which this general
declaration is predicated. The declaration itself, though it may be
chargeable with tautology or redundancy, is at least perfectly
harmless.
But SUSPICION may ask, Why then was it introduced? The answer is, that
it could only have been done for greater caution, and to guard against
all cavilling refinements in those who might hereafter feel a
disposition to curtail and evade the legitimate authorities of the
Union. The Convention probably foresaw, what it has been a principal
aim of these papers to inculcate, that the danger which most threatens
our political welfare is that the State governments will finally sap
the foundations of the Union; and might therefore think it necessary,
in so cardinal a point, to leave nothing to construction. Whatever may
have been the inducement to it, the wisdom of the precaution is evident
from the cry which has been raised against it; as that very cry betrays
a disposition to question the great and essential truth which it is
manifestly the object of that provision to declare.
Public-domain text, read in full here on John Shaqi.
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