The Life of George Washington, Vol. 4: Commander in Chief of the American Forces During the War; which Established the Independence of his Country and First; President of the United StatesMarshall, John
History
The Life of George Washington, Vol. 4: Commander in Chief of the American Forces During the War; which Established the Independence of his Country and First; President of the United States
Marshall, John
Generals -- United States -- Biography; Presidents -- United States -- Biography; Washington, George, 1732-1799
To prove that the measure was not sanctioned by the constitution, the
general principle was asserted, that the foundation of that instrument
was laid on this ground, "that all powers not delegated to the United
States by the constitution, nor prohibited by it to the states, are
reserved to the states or to the people." To take a single step beyond
the boundaries thus specially drawn around the powers of congress, is
to take possession of a boundless field of power, no longer
susceptible of definition.
The power in question was said not to be among those which were
specially enumerated, nor to be included within either of the general
phrases which are to be found in the constitution.
The article which contains this enumeration was reviewed; each
specified power was analyzed; and the creation of a corporate body was
declared to be distinct from either of them.
The general phrases are,
1st. To lay taxes to provide for the general welfare of the United
States. The power here conveyed, it was observed, was "to lay taxes,"
the purpose was "the general welfare." Congress could not lay taxes
_ad libitum_, but could only lay them for the general welfare; nor did
this clause authorize that body to provide for the general welfare
otherwise than by laying taxes for that purpose.
2dly. To make all laws which shall be necessary and proper for
carrying into execution the enumerated powers.
But they can all be carried into execution without a bank. A bank,
therefore, is not necessary, and consequently not authorized by this
phrase.
It had been much urged that a bank would give great facility or
convenience in the collection of taxes. Suppose this were true; yet
the constitution allows only the means which are necessary, not those
which are convenient. If such a latitude of construction be allowed
this phrase, as to give any non-enumerated power, it will go to every
one; for there is no one which ingenuity may not torture into a
_convenience, in some way or other, to some one_ of so long a list of
enumerated powers. It would swallow up all the list of enumerated
powers, and reduce the whole to one phrase. Therefore it was that the
constitution restrained them to _necessary_ means, that is to say, to
those means without which the grant of the power must be nugatory.
The convenience was then examined. This had been stated in the report
of the secretary of the treasury to congress, to consist in the
augmentation of the circulation medium, and in preventing the
transportation and retransportation of money between the states and
the treasury.
Public-domain text, read in full here on John Shaqi.
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