ions. If this be not so, there is, there can be, no general
government.
But, Mr. President, the Constitution has not left this cardinal point
without full and explicit provisions. First, as to the authority of
Congress. Having enumerated the specific powers conferred on Congress,
the Constitution adds, as a distinct and substantive clause, the
following, viz.: "To make all laws which shall be necessary and proper
for carrying into execution the foregoing powers, and all other powers
vested by this Constitution in the government of the United States, or
in any department or officer thereof." If this means any thing, it means
that Congress may judge of the true extent and just interpretation of
the specific powers granted to it, and may judge also of what is
necessary and proper for executing those powers. If Congress is to judge
of what is necessary for the execution of its powers, it must, of
necessity, judge of the extent and interpretation of those powers.
And in regard, Sir, to the judiciary, the Constitution is still more
express and emphatic. It declares that the judicial power shall extend
to all _cases_ in law or equity arising under the Constitution, laws of
the United States, and treaties; that there shall be _one_ Supreme
Court, and that this Supreme Court shall have appellate jurisdiction of
all these cases, subject to such exceptions as Congress may make. It is
impossible to escape from the generality of these words. If a case
arises under the Constitution, that is, if a case arises depending on
the construction of the Constitution, the judicial power of the United
States extends to it. It reaches _the case, the question_; it attaches
the power of the national judicature to the _case_ itself, in whatever
court it may arise or exist; and in this _case_ the Supreme Court has
appellate jurisdiction over all courts whatever. No language could
provide with more effect and precision than is here done, for subjecting
constitutional questions to the ultimate decision of the Supreme Court.
And, Sir, this is exactly what the Convention found it necessary to
provide for, and intended to provide for. It is, too, exactly what the
people were universally told was done when they adopted the
Constitution. One of the first resolutions adopted by the Convention was
in these words, viz.: "That the jurisdiction of the national judiciary
shall extend to cases which respect _the collection of the national
revenue_, and questio
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