The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—MiscellanyIngersoll, Robert Green
Religion
The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—Miscellany
Ingersoll, Robert Green
Free thought
"This clause does not limit--it enlarges--the powers vested in the
General Government. It is an additional power--not a restriction on
those already granted. It does not impair the right of the Legislature
to exercise its best judgment in the selection of measures to carry
into execution the constitutional powers of the Government. A sound
construction of the Constitution must allow to the National Legislature
that discretion with respect to the means by which the powers it confers
are to be carried into execution, which will enable that body to perform
the high duties assigned to it in the manner most beneficial to the
people. Let the end be legitimate--let it be within the scope of the
Constitution, and all means which are appropriate--which are plainly
adapted to that end--are constitutional."
This is the language of Chief Justice Marshall, in the case of
_M'Caulay, vs. The State_, 4 Wheaton, 316.
"Congress must possess the choice of means, and must be empowered to use
any means which are in fact conducive to the exercise of a power granted
by the Constitution." U. S. vs. Fisher, 2 Cranch, 358.
Again:
"The power of Congress to pass laws to enforce rights conferred by
the Constitution is not limited to the express powers of legislation
enumerated in the Constitution. The powers which are necessary and
proper as means to carry into effect rights expressly given and duties
expressly enjoined, are always implied. The end being given, the means
to accomplish it are given also." _Prigs vs. The Commonwealth_, 16
Peters, 539.
This decision was delivered by Justice Story, and is the same one
already referred to, in which liberty was taken from a human being by
judicial construction. It was held in that case that the 2nd Section
of the 4th Article of the Constitution, to which I have already called
attention, contained "a positive and unqualified recognition of
the right" of the owner in a slave, unaffected by any State law or
regulation. If this is so, then I assert that the 13th Amendment
"contains a positive and unqualified recognition of the right" of every
human being to liberty; that the 14th Amendment "contains a positive and
unqualified recognition of the right" to citizenship; and that the 15th
Amendment "contains a positive and unqualified recognition of the right"
to vote.
Justice Story held in that case that:
"Under and by virtue of that section of the Constitution the owner of a
slave was clothed with entire authority in every State in the nation to
seize and recapture his slave."
He also held that:
"In that sense, and to that extent, that clause of the Constitution
might properly be said to execute itself, and to require no aid from
legislation--State or National."
"But," says Justice Story:
"The clause of the Constitution does not stop there, but says that he,
the slave, shall be delivered up on claim of the party to whom such
service or labor may be due."
And he holds that:
Public-domain text, read in full here on John Shaqi.
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