What is the power of laying and collecting taxes, but a LEGISLATIVE POWER, or a power of MAKING LAWS, to lay and collect taxes?
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.
We know, indeed, that it is possible to propose to new model both the laws
and government as a common good; and since we have mentioned this subject, it may be very proper to enter into a few particulars concerning it, for it contains some difficulties, as I have already said, and it may appear better to alter them, since it has been found useful in other sciences.
And let no man weakly conceive, that just laws
and true policy have any antipathy; for they are like the spirits and sinews, that one moves with the other.
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!
I shall confine myself to a cursory review of the remaining powers comprehended under this third description, to wit: to regulate commerce among the several States and the Indian tribes; to coin money, regulate the value thereof, and of foreign coin; to provide for the punishment of counterfeiting the current coin and secureties of the United States; to fix the standard of weights and measures; to establish a uniform rule of naturalization, and uniform laws
of bankruptcy, to prescribe the manner in which the public acts, records, and judicial proceedings of each State shall be proved, and the effect they shall have in other States; and to establish post offices and post roads.
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.
The theory of politics which has possessed the mind of men, and which they have expressed the best they could in their laws
and in their revolutions, considers persons and property as the two objects for whose protection government exists.
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.