Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-08-03

exercising TIE power OF raising dnu sup
porting armies, is exactly upon par IN
point of temerity and absurdity, with, ma
nv of the most daring OF Lord Peters
paradoNes, and can only be admitted by
him, who believes, that d loaf OF bread, Is
actually shoulder OF mutton.
1.-THE result OF the discussion, depended
entirely on the construction OF the first
clause (as described above) of the Sth
section. The discussion would be at an
end and IL would be almost Impossible,
to avoid the conclusion al which we have
arrived that congress under the clause
before us, while they have great range,
FOR the selection of the means Oi carrying
4 granted power into effect, are yet re-
strained by the distinct specification of
powers granted by ihe constitution, from
The selection of such means, as actually
constitute an original and distinct power.
But tile result Of the discussion, does moi
descend on the first clause otthe section;
because the second expressly declares,
that congress shall have power " 10 make
&" all laws necessary and proper for carry
{" ing into execution the fore gong powers,
aud all other powers vested by This
constitution III the government of the
(" United States, or IN any department or
'' officer thereof"
The supreme court contend, that under
the clause already considered, without
any aid from the second, congress would
be authorised 10 exercise Legislative pow
srs. With the Limitation before stated,
tie doctrine o.the supreme court Is cou-
veded They say farther, that the prop
os,ion advanced by The counsel, for ihe
state of Maryland, lie. that The word
necessary in the second clause, controls
Ia. al, IL, rt-I
narrow limits, the means of executing the
powers expressly given, is not irue. This
negatiou has my unqualified assent.
agree also with the court, that no Reason
can be assigned, Tor conccalIng an inten.
ton, To narrow the discretion OF the na-
tional Legislature, under words which,
purpOrt 10 enlargeit. The supreme cour,
further say, that If the clause IN question.
containing the words reciied above doc,
not enlarge, II cannot be construed Ia
restrain The power of Congress. There is
a difhdence Oh the part OF the court on
this point, which perhaps ought TO af-
feet, but which certainly do not feel. |
am however perfectly aware of The re
Specialize, and very distinguished names,
that may be arrayed, against The opinion
which am about 10 advocate. Names
however are not arguments: after all, they
are-nameS only.
The clause before us, was intended TO
enlarge, and does enlarge The legislative
power of congress. Ii sill be seen, that
so far from being merely of Il decIaratory
character, IL is one OF the most important
provisions, in the whole sy siem.
Ihe powers mentioned Ill this second
clause OF the Sth section, are If two elias
SEES, distinctly defined by the terms of the
apI T.
the powers therein expressly enumerated
and granted the second class. nfall other
powers vested by the constitution in The
government of the United States. or i'm
any department or offi FER thereof.
These Two classes Of power. CONGRESS
II iy make all laws, necessary and proper
Ma carry into effect.
will pause here for a moment, merely
10 ask, how Is the word necessary, applied
oy the constitution itself? What must be
necessary ! The answer furnished by
The Constitution IL d law, aud vet the dis
cussion IN court as we'll az out Of court.
has ben conducted, principally, on the
.supposIiion, that Ibis word was intended.
TO be applied TO the ordinary means of le-
giS'aiion, aud moi 10 a lac rendered neces
SarH by llI" future al the ordinary means
oil legislation, or necessary, 10 put in mo-
ton power vested IN the government Of
the United States, or Ill some department
or officer thereof.
My proposition is, that the clause un-
der consideration cnlarges the legislative
power of congress. Underline first clause
legislative power might berghttully claim.
ed and exercised, II The second clause had
neVereXISicd 10 what extent, we have al
ready endravored 10 shew. The second
,,Iaucp e.nla RMS tn. oT
To prove this will not RELY on The fact.
that this second clause puiporls, in its
Terms, 10 be IA delegation of power, hui
on laws that have actually been made ::
laws that could moi have been made. bal
Tor The power delegated by this clause.
The powers spoken OF III tins CLAUSE
have been already divided into two class
rs the hrst class, we will say in order
10 avoid ciTcumlOcutiOn, cousis ing OF the
specific powers The second OF The vested
powers. THIS line oil denIar alton be-
tween The two classes, is perhaps rather
awkvardIy drawn: bat if II be drawn. so
as To be distinctly traced, il is sufficient.
The reader must bear il III mind. OF The
last class will speak first. This part of
the subject will be easily disposed OF, by
few examples, demonstrating that The
clause IN question Is not mcTcly decIardtu
fy, but In relation TO lie second class OF
powers. actually necessary.
BY The 81 sect of Tie ID art. ofthe con.
s'iinilon, power io appoint rOnsuls i
vested IN The executive depa tmeni. But of
what avail would be Tie power uf appoint
Ing comsuls, unless their dnlies were ore
scribed, aud their emoumrnts regulated
by law The president could make nn
such law. All legislative power granted
10y Tie constitution, is vested in Congress.
Nor could congress pass such laW, be-
cause Ihey have no express authority to
pas u nor yet could they claim il as