tion. Whether or not they are "requisite," "fairly applicable to the attainment of the end of such power," "immoral or contrary to the essential objects of political society," all these are questions which the government alone can decide, and, of course, as their own judgment and discretion are their only rule, they are under no sort of limitation or control in these respects. The standards of political morality, of public convenience and necessity, and of conformity to the essential objects of society, are quite too fluctuating and indeterminate to be relied on, by a free people, as checks upon the power of their rulers. The only real restriction, then, which the author proposes in the above passage, is that which may be found in the fact, that the proposed means are "excepted" in the Constitution; and this is directly contrary to the letter and spirit of that instrument. The federal government possesses no power which is not "delegated;" "the powers not delegated to the United States by the Constitution, nor prohibited by [ *101 ]*it to the States, are reserved to the States respectively, or to the people." The author's idea is, that every thing is granted which is not excepted; whereas, the language of the tenth amendment is express, that every thing is excepted which is not granted. If the word "excepted" is to be understood in this sense, the author's idea is correct; but this does not accord with the general scope of his opinions and reasoning. He approaches much nearer to the true rule in the following passage. "Let the end be legitimate; let it be within the scope of the Constitution; and all means which are appropriate, which are plainly adapted to the end, and which are not prohibited, but are consistent with the letter and spirit of the instrument, are constitutional." The words in italics, are all important in the matter, and give to the passage a meaning wholly different from that of the passage first quoted.
The author's error is equally great, and far more dangerous, in supposing that the means of executing its powers are conferred on the government. The general proposition is true, as he has stated it; but it is not true in the application which he has made of it to our government. He regards the tenth amendment as altogether unnecessary, and tells us, in express terms, that the powers of the government would be exactly the
