Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-08-03
SUPREME COURr....BANK OF THE
UNIFIED SfArES. Mob

SoHSIcSS are expressly authorized, Ia *
ercise certain powers therein enumera-
ted.
This section contains seventeen claus
es, III which the last is IN 'apse words, 80
make all laws which sha{ be neceyydrg
and proper tor carving ini3 execution
The toreg oing p0rerS, aud all ethsr pow
e erS vested bt this constitution, Ia the
'' government oi the United States, or
IN any department or officer thereof"
Tie legislative power granted 10, and
vested IN, The go,erpmeni of the United
States, is dtilv q from the abovemenii
oned Sih sec. and from thai ouly.
For the sake OF breviiy, let the 9Th sec.
be considered as divided into two clauses
The iiIs, clause, consisting of every mem
Der OF ine section except The l7th above
recited The second clause, OF that nth
ihember only. The reader All be pleased
To attend Ia this division.
These iwo clauses, aiienilvrly consi-
dered, first separately, AMI then together,
viii probably be found Ia be susceptible
OF d construction, which,
Isl. VIII leave 10 congress, when legis-
iaiing upon subject expressly con-
fiied 10 them, The selection OF The
means (aS hereafter detiDed)mosi cor
ducive III their judgment, To The attain
ment OF The object in view.-lf, by
The definition proposed 10 be CIV ca,
something like certainty eau be al
tanned: If standard can be raised,
by which men, even of the plaiuesi
capacity eau test the cOnsiitulionahiy
OF an act OF congress, d, is apparent
,iiai The constitution, and the union
l.seli will rest on foundation much
less liable TO be disturbed, than that
which! they now occupy.
2md. Will leave The " ord necessary"
lmiuil aua uuds' urbtd possession of
all lis ancient rights, by direct and
unequivOcal acknowledgement, that il
ismade of "steruef stuff than The su
pfcme COurl suppose. and thai II does
moi mean useful or convenient
or eXpedieu," or " conducive IL"
or iendln2 10" but simply, necest
sary : tadt IcitaOnt Which, the ihiAg
aIlempt' d, cauuoi be accomplished:
tie thing sought canuot be attained
Certainly this result is greatly to be
desired. IL Is in fact essential =
because IL we depart from the esta-
blIshed, meaning of words; II re
annex new Iieas TO old signs, all con
iidence is destroyed, because all Ger
family Is LOST, AMI whatever ve NAV
'''''h W. Nu' 'iS,h'Ny w Sllult MIA
pablo at explaining them. There is
more danger IN tits precedent esiah
lished by The supreme court, than IN
The most pcrpleNiug Argument, which
sophistry could labricaIe.
3rd. Will allow meaning and operation
10 every clause and 10 every wOId OF
every clause OF the section under
consideration, and particularly o! The
second clause designated above. II
VIII be admitted, l presume, that
where construction can be pointed
out, which, without sacrificing ANY
important object, allows a mraulug
10 each clause, Ia contract or VII
tinS, and even 10 each word, thai
construction ought 10 be Adopted
II Will not be difficult think 10 skew
thai the words necessary and "pro-
per are not snpernunicrarIes, but
have each very Important functions
10 perform aud
4th. VIII authorize the government, IN
cases OfeXtraorlinary emergency; an
cases Oj necessity where the ordinary
means OF carry ing specific power INTO
execution fail, TO arrest the progress of
the nation towards ruin, or great ca
lamity, by resort 10 Gay means ,Chat-
trer, not prohibited by The consliiu-
lion, that will carry that specific
power into effect.
II will be rea lily adnitted, presume,
by every thinking man, that these results
are OF the highest importance, and there
lore that the construction of the consiiu
lIon which produces them, is pITma tacie
TO be preferred TO any other construction,
which excludes all, or any one of Them.
Ii is conceded by the supreme court
that the government of The United States,
posses Is only enumerated and granted
powers but il is commended that in the
selection Of The means 10 carry these
powers, into eifrct, there is 10 limitation.
1t there be any, the line drawn by them is
too atlenualed and eyamascent for my
perez pii@H.
The first part of the proposition is un.
quesilOnably tue but the latter part
Changes, radically, lie character Of our
constitution. According To- The supreme
court, The government las CeriaIn SDpci-
fed powers only, but with unlimited dis
creiIOn, III the selection of The MEANS
Now, il We reflect for d moment, on the
number and extent of these specified
powers il werecoIIect that Congress. TO
use tue language OF the supreme court.
possess " iiie great powers To Law and
collect taxes, 10 borrow mOney,tO rcgu
" late commerce, 10 declare and conduct
war, TO raise and support armies and
naNies ; HAT tie sword and The purse,
" all the external relations, aud no incOn-
siderable portion OF the industry Of the
nation are cnirusledtO lis government"
u must br apparent that a power without
limitation, 10 choose The means of car
rylng the specific powers into effect,
renders the SupcIiIraftnu iis,H enfirsI,,
superfiuouS, and thereby gives a character
to The constitution, Which, it is obvious,
those who made II did not intend IT should
have. For III the language of tie report