Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/160

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152
CONSTITUTION OF THE U. STATES.
[BOOK III.

other purpose belonging to the Union; and it cannot make a military road, unless it be necessary and proper for purposes of war. To go over the reasoning at large would, therefore, be little more, than a repetition of what has been already fully expounded.[1] The Journal of the Convention is not supposed to furnish any additional lights on the subject, beyond what have been already stated.[2]

§ 1272. The resistance to this extended reach of the national powers turns also upon the same general reasoning, by which a strict construction of the constitution has been constantly maintained. It is said, that such a power is not among those enumerated in the constitution; nor is it implied, as a means of executing any of them. The power to regulate commerce cannot include a power to construct roads and canals, and improve the navigation of water-courses in order to facilitate, promote, and secure such commerce, without a latitude of construction departing from the ordinary import of the terms, and incompatible with the nature of the constitution.[3] The liberal inter-
  1. ↑ See M'Culloch v. Maryland, 4 Wheat. R. 406, 407, 413 to 421; Webster's Speeches, p. 392 to 397; 4 Elliot's Debates, 280.
  2. ↑ Journal of Convention, p. 260, 376.
  3. ↑ President Madison's Message, 3d March, 1817; 4 Elliot's Debates, 280, 281; President Monroe's Message, 4th May, 1822, p. 22 to 35; President Jackson's Message, 27th May, 1830; 4 Elliot's Debates, 333, 334, 335; 1 Kent's Comm. Lect. 12, p. 250, 251; 4 Elliot's Debates, 291, 292, 354, 355; Sergeant on Constitution, ch. 28, [ch. 30;] 4 Jefferson's Corresp. 421.—President Monroe, in his elaborate Exposition accompanying his Message of the 4th of May, 1822, denies the independent right of congress to construct roads and canals; but asserts in the strongest manner their right to appropriate money to such objects. His reasoning for the latter is thought by many to be quite irresistible in favour of the former. See the message from page 35 to page 47. One short passage maybe quoted. "Good roads and canals will promote many very important national purposes. They will facilitate the opera-
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