bodies possess all powers incident to a corporate capacity, without being absolutely expressed. The motion was accordingly negatived.[1] Indeed, one of the great defects of the confederation was, (as we have already seen,) that it contained a clause, prohibiting the exercise of any power, jurisdiction, or right, not expressly delegated.[2] The consequence was, that congress were crippled at every step of their progress; and were often compelled by the very necessities of the times to usurp powers, which they did not constitutionally possess; and thus, in effect, to break down all the great barriers against tyranny and oppression.[3]
§ 1901. It is plain, therefore, that it could not have been the intention of the framers of this amendment to give it effect, as an abridgment of any of the powers granted under the constitution, whether they are express or implied, direct or incidental. Its sole design is to exclude any interpretation, by which other powers should be assumed beyond those, which are granted. All that are granted in the original instrument, whether express or implied, whether direct or incidental, are left in their original state. All powers not delegated, (not all powers not expressly delegated,) and not prohibited, are reserved.[4] The attempts, then, which have been made from time to time, to force upon this language an abridging, or restrictive influence, are utterly unfounded in any just rules of interpreting the words,- ↑ 2 Lloyd's Deb. 243, 244; McCulloh v. Maryland, 4 Wheat. R. 407; Martin v. Hunter, 1 Wheat. R. 325; Houston v. Moore, 5 Wheat. R. 49; Anderson v. Dunn, 6 Wheat. R. 225, 226.
- ↑ Confederation, Article 2, ante Vol. I. § 230.
- ↑ The Federalist, No. 33, 38, 42, 44; ante Vol. I. § 269.
- ↑ McCulloh V. Maryland, 4 Wheat. R. 406, 407; ante Vol. I. § 433.
cation; and after a full and fair discussion, was given up by them, and the system allowed to retain its present form. 2 Lloyd's Debates, 234.
vol. iii.95
