124
CONSTITUTION OF THE U. STATES.
[BOOK III.
plainly adapted to the end, and which are not prohibited, but are consistent with the letter and spirit of the instrument, are constitutional.[1]
§ 1251. It may be well, in this connection, to mention another sort of implied power, which has been called with great propriety a resulting power, arising from the aggregate powers of the national government. It will not be doubted, for instance, that, if the United States should make a conquest of any of the territories of its neighbours, the national government would possess sovereign jurisdiction over the conquered territory. This would, perhaps, rather be a result from the whole mass of the powers of the national government, and from the nature of political society, than a consequence or incident of the powers specially enumerated.[2] It may, however, be deemed, if an incident to any, an incident to the power to make war. Other instances of resulting powers will easily suggest themselves. The United States are nowhere declared in the constitution to be a sovereignty entitled to sue, though jurisdiction is given to the national courts over controversies, to which the United States shall be a party. It is a natural incident, resulting from the sovereignty and character of the national government.[3] So the United States, in their political capacity, have a right to enter into a contract, (although it is not expressly provided for by the constitution,) for it is an incident to their general right of sovereignty, so far as it is appro-- ↑ M'Culloch v. Maryland, 4 Wheat. R. 420, 421, 422. See also 4 Elliot's Debates, 220, 221, 222, 223, 224, 225; 2 Elliot's Debates, 196, 342; 5 Marsh. Wash. App. No. 3; 2 American Museum, 536; Anderson v. Dunn, 6 Wheat R. 204, 225, 226; Hamilton on Bank, 1 Hamilton's Works, 111 to 123.
- ↑ Hamilton on Bank, 1 Hamilton's Works, 115.
- ↑ See Dugan v. United States, 3 Wheat. R. 173, 179, 180.
