titution this was the first power granted to congress.
[2] As usually interpreted, the phrase beginning, "to pay the debts," is
intended to state the purposes for which taxes may be levied. But this
limitation is merely theoretical, for taxes are levied before being
expended.
[3] This is to prevent legislation in favor of any state or section, as
against other states or sections.
_Clause 2.--Borrowing._
_To borrow money on the credit of the United States._
It should not be necessary, ordinarily, for congress to exercise this
power. But in times of war the regular sources of income may not be
sufficient, hence the necessity of this power to provide for extraordinary
expenses. It is one of the prerogatives of sovereignty; it is
indispensable to the existence of a nation.
For more about national borrowing, see page 317.
_Clause 3.--Regulation of Commerce._
_To regulate commerce[1] with foreign nations, and among the several
states,[2] and with the Indian tribes.[3]_
[1] The power to regulate commerce implies the power to prescribe rules
for traffic and navigation, and to do such things as are necessary to
render them safe. It has been interpreted to cover, among other things,
the imposition of duties, the designation of ports of entry, the removal
of obstructions in bays and rivers, the establishment and maintenance of
buoys and lighthouses, and legislation governing pilotage, salvage from
wrecks, maritime insurance, and the privileges of American and foreign
ships.
[2] The power to regulate commerce with foreign nations should go hand in
hand with that of regulating commerce among the states. This power had,
under the confederation, been in the hands of the several states. Their
jealousies and rivalries had led to retaliatory measures upon each other.
This condition of affairs was encouraged by other nations, because they
profited by it. At the time of the adoption of the constitution, business
was terribly depressed, and the bitterness of feeling among the states
would probably soon have disrupted the Union. Therefore, "to insure
domestic tranquility," and "to promote the general welfare," the power to
regulate commerce was delegated to the general government.
[3] This control is exercised even when the Indians live within the
boundaries of a state.
By placing the power to regulate commerce with Indians in the hands of the
general government it was hoped that uniformity of regulations and the
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