Constitutional history -- United States -- Sources; Constitutional law -- United States
duration, ought to contemplate these revolutions, and be able to
accommodate itself to them. Some, who have not denied the necessity of
the power of taxation, have grounded a very fierce attack against the
Constitution, on the language in which it is defined. It has been urged
and echoed, that the power “to lay and collect taxes, duties, imposts,
and excises, to pay the debts, and provide for the common defense and
general welfare of the United States,” amounts to an unlimited
commission to exercise every power which may be alleged to be necessary
for the common defense or general welfare. No stronger proof could be
given of the distress under which these writers labor for objections,
than their stooping to such a misconstruction. Had no other enumeration
or definition of the powers of the Congress been found in the
Constitution, than the general expressions just cited, the authors of
the objection might have had some color for it; though it would have
been difficult to find a reason for so awkward a form of describing an
authority to legislate in all possible cases. A power to destroy the
freedom of the press, the trial by jury, or even to regulate the course
of descents, or the forms of conveyances, must be very singularly
expressed by the terms “to raise money for the general welfare. “But
what color can the objection have, when a specification of the objects
alluded to by these general terms immediately follows, and is not even
separated by a longer pause than a semicolon? If the different parts of
the same instrument ought to be so expounded, as to give meaning to
every part which will bear it, shall one part of the same sentence be
excluded altogether from a share in the meaning; and shall the more
doubtful and indefinite terms be retained in their full extent, and the
clear and precise expressions be denied any signification whatsoever?
For what purpose could the enumeration of particular powers be
inserted, if these and all others were meant to be included in the
preceding general power? Nothing is more natural nor common than first
to use a general phrase, and then to explain and qualify it by a
recital of particulars. But the idea of an enumeration of particulars
which neither explain nor qualify the general meaning, and can have no
other effect than to confound and mislead, is an absurdity, which, as
we are reduced to the dilemma of charging either on the authors of the
objection or on the authors of the Constitution, we must take the
liberty of supposing, had not its origin with the latter. The objection
here is the more extraordinary, as it appears that the language used by
the convention is a copy from the articles of Confederation. The
objects of the Union among the States, as described in article third,
are “their common defense, security of their liberties, and mutual and
general welfare. “ The terms of article eighth are still more
identical: “All charges of war and all other expenses that shall be
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