zen and citizen), which remains
exclusively with its own legislature; but to its external commerce
only, that is to say, its commerce with another State, or with foreign
nations, or with the Indian tribes. Accordingly, the bill does not
propose the measure as a 'regulation of trade,' but as 'productive of
considerable advantage to trade.'
Still less are these powers covered by any other of the special
enumerations.
II. Nor are they within either of the general phrases, which are the two
following.
1. 'To lay taxes to provide for the general welfare of the United
States'; that is to say, 'to lay taxes for the purpose of providing
for the general welfare.' For the laying of taxes is the power, and
the general welfare the purpose for which the power is to be exercised.
Congress are not to lay taxes, _ad libitum_, for any purpose they
please: but only to pay the debts, or provide for the welfare of the
Union. In like manner, they are not to do any thing they please, to
provide for the general welfare, but only to lay taxes for that purpose.
To consider the latter phrase, not as describing the purpose of the
first, but as giving a distinct and independent power to do any act they
please, which might be for the good of the Union, would render all the
preceding and subsequent enumerations of power completely useless.
It would reduce the whole instrument to a single phrase, that of
instituting a Congress with power to do whatever would be for the good
of the United States; and as they would be the sole judges of the good
or evil, it would be also a power to do whatever evil they pleased. It
is an established rule of construction, where a phrase will bear either
of two meanings, to give it that which will allow some meaning to the
other parts of the instrument, and not that which will render all the
others useless. Certainly no such universal power was meant to be given
them. It was intended to lace them up straitly within the enumerated
powers, and those without which, as means, these powers could not be
carried into effect. It is known that the very power now proposed as
a means, was rejected as an end by the convention which formed the
constitution. A proposition was made to them, to authorize Congress to
open parials, and an amendatory one, to empower them to incorporate.
But the whole was rejected; and one of the reasons of rejection urged
in debate was, that they then would have a power to erect a bank,
which would
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