A Selection of Cases On Constitutional Law volume 4
A Selection of Cases On Constitutional Law volume 4
Eugene Wambaugh
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867 868 commerce: decisions before close of civil war. deputed to deliberate on their common concerns, and to recom- mend measures of general utility, into a legislature, empowered to enact laws on the most interesting subjects, the whole char- acter in which the States appear, underwent a change, the extent of which must be determined by a fair consideration of the in- strument by which that change was effected. This instrument contains an enumeration of powers expressly granted by the people ...to their government. It has been said, that these powers ought to be construed strictly. But why ought they to be so construed? Is there one sentence in the Con- stitution which gives countenance to this rule? In the last of the enumerated powers, that which grants, expressly, the means for carrying all others into execution, Congress is authorized "to make all laws which shall be necessary and proper" for the pur- pose. But this limitation on the means which may be used, is not extended to the powers which are conferred; nor is there one sentence in the Constitution, which has been pointed out by the gentlemen of the bar, or which we have been able to discern, that prescribes this rule.
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