that no word conveys to the mind in all situations one single definite idea; and nothing is more common, than to use words in a figurative sense. Almost all compositions contain words, which, taken in their rigorous sense, would convey a meaning, different from that, which is obviously intended. It is essential to just interpretation, that many words, which import something excessive, should be understood in a more mitigated sense; in a sense, which common usage justifies. The word "necessary" is of this description. It has not a fixed character peculiar to itself. It admits of all degrees of comparison; and is often connected with other words, which increase or diminish the impression, which the mind receives of the urgency it imports. A thing may be necessary, very necessary, absolutely or indispensably necessary. It may be little necessary, less necessary, or least necessary. To no mind would the same idea be conveyed by any two of these several phrases. The tenth section of the first article of the constitution furnishes a strong illustration of this very use of the word. It contains a prohibition upon any state to "lay any imposts or duties, &c. except what may be absolutely necessary for executing its inspection laws." No one can compare this clause with the other, on which we are commenting, without being struck with the conviction, that the word "absolutely," here prefixed to "necessary," was intended to distinguish it from the sense, in which, standing alone, it is used in the other.[1]
- ↑ M'Culloch v. Maryland, 4 Wheaton's R. 418 to 415.—In this case (4 Wheaton's R. 411 to 425,) there is a very elaborate argument of the Supreme Court upon the whole of this subject, a portion of which has been already extracted in the preceding Commentaries, on the rules of interpretation of the constitution.
