The St. Charles herald. [volume] (Hahnville, La.) 1873-1993, 1885-11-28

and not Substantially to create
them. For example, the preamble
declares one object to be, TO pro
vide Tor the common defence' No
one can doubt that this does not
enlarge tile powers OF Congress to
pass any measures which they may
deem useful for the common defence.
But suppose the terms Of a Given
power admit Of two constructions.
the one more restrictive, The other
more liberal, aid each of tliem lis
consistent with The words, but is,
and ought to be, governed by the
intent Of the power; if one would
promote and tile other defeat the
common defence, ought not the
former, upon the soundest principles
of Interpretation, to be adoptedW
President jefferson, in 1891, as
signing the reasons against the con.
stitationality Of a proposed bill
establishing a national bank, said:
81 consider the foundation of the constitution
as laid on this or. md: 'that all powers not
delegated to the United States, by the consti-
tntion, nor prohibited by it to the states are
reserved to the states or to the people,.
Twelfth amendment.l To take II single step
beyond the boundaries THUS specially drawn
around tile powers oi Congress, is to take
possession If bundiess field o power, no
longer susceptible Of amy definition"
J. 10 lay taxes to provide for the general
welfnhe of the United States;' that is to say.
10 lay taxes FIR the purpose Of providing for
the general welfare For the laying OF taxes
is the power and the general welfare the Pur-
pose for which the power is to b. exereised,
Cungre are not to lay taxes. dd-ttb tmnt for
any purpose they please; but only to pay the
debts cfPropide far the toelGre IF the at.io'e. In
like manner they are not TO do G'ay thing they
ptEnse, to provide for the general welfare, but
only to lag tages fur that pHrpose TO consi'ier
the latter phrase, not as describing the pur
pose OF the first, but az giving d distinct and
independent power to do any act they please
which might be- for the good OF the union,
would render all the preceding and suisse
guent enumerations of power completely use
less Ii would reduce the whole instrument
to a single phrase, that Of instituting Con
gress with power to do whatever Would be for
the good OF tile United States and they
would be the sole judges vi the good or evil,
II would be- also power to do whatever evil
they pleased /"
If sneht latitude of construction be al
lowed to this phrase rs to give any non emu
luelatvd power. " will 20 to every one for
there is no one which ingenuity may not
ortale into convenience in some ray or other
10 S0n9e one OF long u list Of enumerated
puwer~. Ii would swallow up all the dele
gated powers, and reduce the whole to one
phrase, rs before observed. Therefore it was
that the constitution restrained them TO the
necessary means. that is 20 SAY, that those
means without which the grant Of tho power
would be hugRtory."
rhe. extreme to which This new
political change has carried our
contemporary is shown bS its con
tetiou that vapious measures
heret fore adopted by Congress,
sach as the several Bureaus OF the
Federtl Gwernment, the Patent
Office, Congressional library,
SCHOOLS for Military and Engineer
ing Science, have each foQna con
stitotioual vibrant, not from any
: fowe granted to Congress by a
Specific article or clause of the
i Constitution, but entire Y from .sthe
general welfare provision" Of the
Preamble. This is, simply All
Authorization.
The passage of each one Of these
measures was urged and passed on
tins assumed ground that it found
warrant In some clause Of the first
larticle, declaring the legislative
powers vested by the Constitution
il Congress-.
! Nor were the trainers Of the Con.
stituiion ahnindful OF the claims Of
science and art. Not only in the
ways which these two objects
migut be incideutly encouraged,
through the exercise OF other
granted powers, to the original
draft Of the Constitution there was
added, as distinct power Of Com
gress; 10 promote The progress OF
science aud useiut alts.p Mol only
this, but lie manner, aad extent,
which such progress should be
promoted were clearly defined; aal
it is shown BY The proceedings Of
The Convention thai ! proposition