CH. XVIII.]
POWERS OF CONGRESS—POST-OFFICE.
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Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/45
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embarrassing. Yet, no man ever imagined such a construction to be justifiable. And why not? Plainly, because constitutions of government are not instruments to be scrutinized, and weighed, upon metaphysical or grammatical niceties. They do not turn upon ingenious subtleties; but are adapted to the business and exigencies of human society; and the powers given are understood in a large sense, in order to secure the public interests. Common sense becomes the guide, and prevents men from dealing with mere logical abstractions. Under the confederation, this very power to establish post-offices was construed to include the other powers already named, and others far more remote. It never entered into the heads of the wise men of those days, that they possessed a power to create post-offices, without the power to create all the other things necessary to make post-offices of some human use. They did not dream of post-offices without posts, or mails, or routes, or carriers. It would have been worse than a mockery. Under the confederation, with the strict limitation of powers, which that instrument conferred, they put into operation a large system for the appropriate purposes of a post-office establishment.[1] No man ever doubted, or denied the constitutionality of this exercise of the power. It was largely construed to meet the obvious intent, for which it was delegated. The words of the constitution are more extensive, than those of the confederation. In the latter, the words to establish "post-roads" are not to be found. These words were certainly added for some purpose. And if any, for what other purpose, than to enable congress to lay out and make roads?[2]
