nstitution
means "_needful," "requisite," "essential," "conducive to_," and that "a
bank" is a convenient, a useful, and essential instrument in the
prosecution of the Government's "fiscal operations," they conclude that
to "use one must be within the discretion of Congress" and that "the act
to incorporate the Bank of the United States is a law made in pursuance
of the Constitution;" "but," say they, "_where the law is not prohibited
and is really calculated to effect any of the objects intrusted to the
Government, to undertake here to inquire into the degree of its
necessity would be to pass the line which circumscribes the judicial
department and to tread on legislative ground_."

The principle here affirmed is that the "degree of its necessity,"
involving all the details of a banking institution, is a question
exclusively for legislative consideration. A bank is constitutional, but
it is the province of the Legislature to determine whether this or that
particular power, privilege, or exemption is "necessary and proper" to
enable the bank to discharge its duties to the Government, and from
their decision there is no appeal to the courts of justice. Under the
decision of the Supreme Court, therefore, it is the exclusive province
of Congress and the President to decide whether the particular features
of this act are _necessary_ and _proper_ in order to enable the bank to
perform conveniently and efficiently the public duties assigned to it as
a fiscal agent, and therefore constitutional, or _unnecessary_ and
_improper_, and therefore unconstitutional.

Without commenting on the general principle affirmed by the Supreme
Court, let us examine the details of this act in accordance with the
rule of legislative action which they have laid down. It will be found
that many of the powers and privileges conferred on it can not be
supposed necessary for the purpose for which it is proposed to be
created, and are not, therefore, means necessary to attain the end in
view, and consequently not justified by the Constitution.

The original act of incorporation, section 21, enacts "that no other
bank shall be established by any future law of the United States during
the continuance of the corporation hereby created, for which the faith
of the United States is hereby pledged: _Provided_, Congress may renew
existing charters for banks within the District of Columbia not
increasing the capital thereof, and may also establish any other