CH. XXIV.]
POWERS OF CONGRESS—INCIDENTAL.
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CHAPTER XXIV.
POWERS OF CONGRESS—INCIDENTAL.
§ 1231. The next power of congress is, "to make all laws, which shall be necessary and proper for carrying into execution the foregoing powers, land all other powers vested by this constitution in the government of the United States, or in any department, or officer thereof."
§ 1232. Few powers of the government were at the time of the adoption of the constitution assailed with more severe invective, and more declamatory intemperance, than this.[1] And it has ever since been made a theme of constant attack, and extravagant jealousy.[2] Yet it is difficult to perceive the grounds, upon which it can be maintained, or the logic, by which it can be reasoned out. It is only declaratory of a truth, which would have resulted by necessary and unavoidable implication from the very act of establishing the national government, and vesting it with certain powers. What is a power, but the ability or faculty of doing a thing? What is the ability to do a thing, but the power of employing the means necessary to its execution? What is a legislative power, but a power of making laws? What are the means to execute a legislative power, but laws? What is the power for instance, of laying and collecting taxes, but a legislative power, or a power to make laws to lay and collect taxes? What