What is a LEGISLATIVE power, but a power of making LAWS? What are the MEANS to execute a LEGISLATIVE power but LAWS?
It conducts us to this palpable truth, that a power to lay and collect taxes must be a power to pass all laws NECESSARY and PROPER for the execution of that power; and what does the unfortunate and culumniated provision in question do more than declare the same truth, to wit, that the national legislature, to whom the power of laying and collecting taxes had been previously given, might, in the execution of that power, pass all laws NECESSARY and PROPER to carry it into effect?
To provide for calling forth the Militia to execute the Laws
of the Union, suppress Insurrections and repel Invasions;
It is difficult to believe, at any rate where physical laws
are concerned, that the earlier part of the process which is the cause can make any difference to the effect, so long as the later part of the process which is the cause remains unchanged.
And it may also be affirmed, that experience itself gives a proof of this; for the ancient laws
are too simple and barbarous; which allowed the Greeks to wear swords in the city, and to buy their wives of each [1269a].
Judges ought above all to remember the conclusion of the Roman Twelve Tables; Salus populi suprema lex; and to know that laws
, except they be in order to that end, are but things captious, and oracles not well inspired.
In seeking the laws
of historical movement just the same thing happens.
Now these are the Laws
of the Jungle, and many and mighty are they; But the head and the hoof of the Law
and the haunch and the hump is--Obey!
The power of establishing uniform laws
of bankruptcy is so intimately connected with the regulation of commerce, and will prevent so many frauds where the parties or their property may lie or be removed into different States, that the expediency of it seems not likely to be drawn into question.
"No person held to service or labor in one State, under the laws
thereof, escaping into another, shall in consequence of any law
or regulation therein be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due."
Things have their laws
, as well as men; and things refuse to be trifled with.
We were to be fitted for practice in the courts, not only by our reading, but by a season of pettifogging before justices of the peace, which I looked forward to with no small shrinking of my shy spirit; but what really troubled me most, and was always the grain of sand between my teeth, was Blackstone's confession of his own original preference for literature, and his perception that the law
was "a jealous mistress," who would suffer no rival in his affections.