of the founders of the government, in consequence of the blessings hitherto enjoyed under it; that such attempts. have proved unsuccessful. The people seem disposed to submit to some trifling inconveniences, rather than to give countenance to a spirit of innovation, which, if encouraged, may end in a change of the fundamental principles of the government. Of the twelve articles styled "amendments," which have been incorporated into the constitution since its adoption, it will be seen, that none but the last, (which changes the mode of electing president,) repeals or makes void any part of the constitution originally adopted.

By providing that amendments shall not even be proposed to the people, but by two-thirds of both houses of congress, or that a convention for proposing amendments shall not be called by congress, until requested to do so by the legislatures of two-thirds of the several states; and by providing further, that before amendments thus proposed shall be valid, they must be ratified either by the legislatures of three-fourths of the states, or by conventions of delegates chosen by the people of three-fourths of the states; the constitution seems to be amply guarded against unnecessary amendments or mutilations. The approval of the president is not required to an amendment of the constitution proposed by congress.

the approval of the president required to an amendment of the constitution?

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CHAPTER XX. ·

Incidental Powers of Congress.

To the powers delegated to congress by the constitution, is added a general power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the constitution in the government of the United States, or in any department or officer thereof.”

The word "necessary," in the foregoing clause, means needful, essential, conducive to, and gives congress the choice of the means best calculated to exercise the powers it possesses. Without such a power, either expressed or implied, many of the powers expressly delegated, could never have been carried into effect. Hence congress has power to inflict punishment in cases not specified by the constitution; such power being implied as necessary and proper to the sanction of the laws, and the exercise of the delegated powers:

To exact an oath of office, in addition to the oath of fidelity prescribed by the constitution:

To punish larceny of letters from the post office, or robbery of the mail:

To secure to the United States a priority of payment from the effects of an insolvent debtor. It is provided by acts of congress, that in all cases of insolvency, or where any revenue officer, or other person, becoming indebted

What general power is given to congress by the constitution? What is meant by "necessary," as here used? Why was this power necessary? What are some of the powers implied in this general power, which have been exercised by congress?

to the United States, by bond or otherwise, shall become insolvent, or where the estate of any deceased debtor, shall be insufficient to pay all his debts, the debt due to the United States shall be first satisfied.

Under the general power to pass all laws necessary to carry into execution the powers vested in the government, congress has also exercised the power to create corporations, and establish a bank.

This power was exercised by the first congress under the constitution, by the passing of the act incorporating a national bank, in 1791; and, subsequently, in 1816, by the incorporation of a new bank, after the charter of the first was expired. The constitutionality of this power has, however, been seriously questioned; and its exercise has met with much opposition in congress. And although the opinion of the supreme court has repeatedly been given in accordance with that of the majority of congress; yet the question is by no means settled. It is a question which has received much discussion and investigation, and on which there is still a great difference of opinion. Bills for renewal and incorporation, have several times received the executive veto, under different administrations. And it is admitted by the advocates of this power, that, to justify its exercise in the creation of a bank, such a corporation must be deemed necessary to carry into effect some power vested in the general government.

Internal Improvements. Under the power to establish post offices and post roads, and the power to raise money to provide for the general welfare, as well as the power to

What further incidental power has congress exercised? When was this power first exercised? When was the present bank incorporated? Is this right of congress to create a bank generally admitted? By what judicial authority is this right supported? What power has several times been interposed to prevent acts of renewal and incorporation? Under what constitutional provision, if under

pass all laws necessary and proper for carrying into execution the powers vested in the general government, congress has, at different times, set apart funds for internal improvements in the states, by means of roads and canals.

It has been the practice to allow to the new states a portion of the proceeds of the sales of public lands, to be laid out in the construction of roads and canals within those states, or leading to them. The Cumberlaud road was constructed under the act of March, 1806, under a covenant made with the state of Ohio, that a portion of the proceeds of the sales of public lands lying within that state, should be applied to the opening of the roads leading to that state, with the consent of the states through which the road might pass. After the expenditures upon that road had exceeded the proceeds of the sales of the public lands in Ohio, a bill passed by both houses of congress, in 1817, appropriating funds for continuing it, was negatived by the president, on the ground that the constitution did not authorize the making of roads and canals, and improving water-courses, through the different states; nor could the states confer the power. In 1822, a bill appropriating money for repairing this road, and establishing toll gates upon it, was objected to by the president.

Several successive presidents have, at different times, denied the power of congress to pass bills for this and similar objects. But the power to lay out, construct and improve post roads and military roads, and to cut canals through the states, with their assent, for promoting internal commerce, and for the more safe and economical

any, may a bank be created? What are internal improvements? Is the power to make internal improvements expressly granted? In what powers is it supposed io be implied? How was the Cumberland road authorized to be constructed? What bills relating to this road were negatived? For what purposes may the power to make

transportation of troops and military stores in time of war, is still claimed by congress, and pretty generally conceded. And the right to appropriate money for improvements which are not of a local or state character, but are of such general importance as to give them a national character, was admitted by the president, in his message, containing his objections to a bill that had passed both houses of congress, authorizing subscriptions to the stock of the Maysville turnpike road. It seems fair, therefore, to conclude, from the general practice of the government, that 66 the action of congress may be applied to those internal concerns which affect the states generally, but not to those which are within a particular state, and which do not affect other states."

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The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

This amendment was added to the constitution as a necessary rule for its interpretation; but the amendment itself is liable to mis-construction. It has been considered as restricting the general government to the exercise of powers expressed in the constitution; and as prohibiting the exercise of any implied power, by which is meant, a power which is comprised in some other power, or which results from it as a necessary consequence.

By the confederation, each state retained all its sovereignty, and every power, which were "not expressly delegated to the United States." This restriction upon the powers of congress, was one of the principal defects of the confederation, and which led to its abolition. It had been

internal improvements be constitutionally exercised? What character must they possess? What conclusion on this subject may be drawn from the general practice of the government?

What rule does the constitution contain for its interpretation? What construction has been given to this provision? What is meant