Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-07-02
TO TIE EpIroR OF THE ENQUIRER.

TO I'LL EDITOR OF THE ENQUIRER
The decisions Of The supreme court of the
United States are entitled to much respect,
and Onght not lightly 10 he questioned; but
when they gOt attack and SUbyert the iunda-
mental principles of the constitutions and an
nihiiate the state rights, surely il would not be
considered improper TO enquire INTO tile pro-
priety of their opinions.
have sought in the constitution. and sought
again, for something upon which my mind
could settle down, approving the decision
but l nave sought IN ydin-l have examined
the ends which the Trainers OF the constitution
had in view, and tie means adopted Ia OBJ
tam these ends, with as little effect. The cnu-
stitution Ot The United States differs from any
othtr political compact, III this, That il is made
ny OF delegated powers, whereas The others
are restrictions of rights. In the first we see
Congress shall have power 10 lag AID collect
taxes, &c. &c. In our state constitutions the
government Is limited by the bili of rights.
When Mr.. Henry, IA the SI ginia convention,
asked for the bill of rights, lie was answered
it was safer to give power than enumerate
rIghts-by thf FIRST nothing could be- claimed
bu; what wasrIVen, by the other nothing could
be retained hut what was specified. From
this il should be inferred that Congress can
exercise Ho power but what is expressly dele
gated, or incidentally growing out of AN sN-
pressed delegated power. For instance, the
President is declared To he the commander in
Chief of all the military force, and navy of the
United States but there can be no naval OF
military force until Congress pass a law 10 Gre
| ate one. Again, the president shall have POW
| eT 10 call out the militia for the purpose Of en-
| forcing tie laws, suppressing inSurrection, sc
but the president cannot call out the militia be
| tore Congress pass ldw pointing Out the mode
| by which the end is to be obtained Hence n
| Is concluded has arisen that EXPRESSION i'm the
latter part OF the 18th clause Of The first article
| SAVING Congress shall have power 10 make ali
/ laws " necessary aud proper" TO carry inIo
| effect any OF The Delegated powers before spe-
| cihed, ana without which many of the powers
laN 20 "A al
ed according TO the whim or caprice of the
| depaIimen TO which they belonged.
IL may here be asked how the supreme court
| would have had an existence, much lessano.p-
| ration. 10 there had been no legislative act or
| whether Congress could have acted upnn the
| subject OF the judiciary, unless they had been
| authorized to make all laws" necessary and
| proper TO carry Iuto effect the delegated pow
| cTs IL they could, IL necessarily follows, that
| the power" TO make all laws necessary and
| proper does rot operate as an PXtCntion of
| rights, but a. only descriptive OF The way, in
! Which a right already delegated may be
| Brought into GCuOn.
| NitIOuf attempting critical review of tie
| opinion Of the supreme court, will remark
that the court appears IN lay hold of with
! avldiiN the foregoing expression, as the only
| constitutional ground upon which to bottom
! tbeIr upiuiou, and this OF itself was Insufficient
! 10 bear them out, unless they could fna Ike
necessary aud proper SYNONYMOUS with con-
| venieut.
| places IN the constitution, and evidently vary
| IHg more ~ degree than meaning, each being
| particularly qualified, and each restrictive
| In the 10Th sec.f ant. restricting the powers OF
the states, IL is said no state shall Law" any i'm
| posts, or dHties, except what may hr absu,ntp.
| ly necessary" thereby me aiming 10 pteveui the
states from drawing revtDHe frum inp0,I,
OF duties although they might exercise the
| power Of laying duiies and impOsts to dcftaN
the expeuces of Inspection. III the other ,ny
stance, ia the last clause OF the Slh section 81
the tenth article, Congress may make all Law,
necessary and proper" not convenient anc
useful and not only necessary Tor bringing ~.
to action some tight already deleg gated. bu
| proper 80 I've exercised.
| without attempting farther verbal ctiti
cism upon the constitution, | will proceed (,
| The opinion OF Tie conrt. Judge Marshall IL
! delivering tne opinion of the CONT, saws n
| rreaS bOtu recollection, r0t having the "a
| ~ by me- tb"t ne act 90 Incorporation i
ihe eNefcfse ~ @.geyt g, 20 rpVFtr AID - IN.