Page:United States Statutes at Large Volume 1.djvu/136

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To coin money. To fix the standard of weights and measures.
To punish counterfeiters.
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the United States;

Post-offices.To establish post offices and post roads;

To promote the progress of science and useful arts.To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

Inferior tribunals.To constitute tribunals inferior to the Supreme Court;

Piracies on the high seas.To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;[1]

To declare war.To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise armies.To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

Navy &c.To provide and maintain a navy;

Government of the army and navy.To make rules for the government and regulation of the land and naval forces;

Militia.To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

For the organization, &c. of the militia.To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;[2]

Exclusive Legislation over rest of government of the U.S.
Exclusive authority over places purchased with the consent of States.
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings. And,

To make laws for carrying into execution all powers vested in government of U. S.To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.[3]

Migration or importation of persons.§ 9. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.


United States, does not exclude the right of the States to legislate on the same subject, except when the power is actually exercised by Congress, and the State laws conflict with those of Congress. Ogden v. Saunders, 12 Wheat. 213; 6 Cond. Rep. 52; Sturges v. Crowninshield, 4 Wheat. 122; 4 Cond. Rep. 409.

Since the adoption of the Constitution of the United States, a state has authority to pass a Bunkrupt law, provided such law does not impair the obligation of contracts; and provided there be no act of Congress in force to establish a uniform system of bankruptcy, conflicting with such law. Sturges v. Crowninshield, 4 Wheat. 122; 4 Cond. Rep. 409.

  1. The act of the 3d March, 1819, chap. 76, sec. 5, referring to the law of nations for a definition of the crime of piracy, is a constitutional exercise of the power of Congress to define and punish that crime. United States v. Smith, 5 Wheat. 153; 4 Cond. Rep. 619. See also United States v. Palmer, 3 Wheat. 610; 4 Cond. Rep. 352.
  2. The act of Congress of Feb. 28, 1795, to provide for the calling out the militia to execute the laws of the Union, suppress insurrections, and repel invasions, is within the constitutional powers of Congress. Martin v. Mott, 12 Wheat. 19; 6 Cond. Rep. 410.
  3. Congress must possess the choice of menus, and must be empowered to use any means which are in fact conducive to the exercise of a power granted by the Constitution, United States v. Fisher et al., 2 Cranch, 358; 1 Cond. Rep. 421. Van Horne's Lessee v. Dorrance, 2 Dall. 304; Marbury v. Madison, 1 Cranch, 137; 1 Cond. Rep. 267, 268. The United States v. Bevans, 3 Wheat. 336; 4 Cond. Rep. 275. McCulloch v. Maryland, 4 Wheat. 316; 4 Cond. Rep. 466. United States v. Tingey, 5 Peters, 115. Anderson v. Dunn, 6 Wheat. 204. Dugan v. The United States, 3 Wheat. 172; 4 Cond. Rep. 223. The Exchange, 7 Cranch, 116; 2 Cond. Rep. 439. Osborn v. The Bank of the United States, 9 Wheat. 738; 5 Cond. Rep. 741. Harrison v. Sterry, 5 Cranch, 289; 2 Cond. Rep. 260. Postmaster General v. Early, 12 Wheat. 136; 6 Cond. Rep. 480.