The Constitution And What It Means to Day

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Maryland, and was answered by Chief Justice Marshall thus : "Let the end be legitimate, let it be within the scope of the Con- stitution, and all means which are appropriate, which are plainly adapted to that end. Which are not prohibited, but consist with the letter and spirit of the Constitution, are constitutional. " The basis What It Means ToDay 35 of this declaration was furnished by three ideas: First, that the Constitution was ordained by the people and so was intended for their benefit;... sec- ondly, that it was "intended to endure for ages to come and, consequently, to be adapted to the vari- ous crises of human forces" ; and thirdly, that while the National Government is one of enumerated powers, it is sovereign as to those powers. Mar- shall's view was opposed by the theory that the Constitution was a compact of sovereign States and so should be strictly construed, in the inter- est of safeguarding the powers of those States. From this point of view the "necessary and proper" clause was urged to be a limitation on Congress's powers, and was interpreted as meaning, in sub- stance, that Congress could pass no laws except those which were "absolutely necessary" to carry into effect the powers of the General Government.

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