onstitution, which are thus obstructed and
defeated?

This question has been determined by the highest legal tribunal of the
United States, speaking by the mouth of one who will be acknowledged to
have been her most distinguished presiding officer.

In the well-known case of McCulloch against the State of Maryland,[8]
Chief-Justice Marshall delivered the decision of the Supreme Court; and by
that decision the following principles were established:--

[Footnote 8: February term, 1819. 4 "Wheaton's _Rep._, 316.
Unwilling here to multiply words, I pray reference to the decision
itself.]

1. The construction of the words "necessary and proper" in the above
connection. The Chief-Justice says,--

"The term 'necessary' does not import an absolute physical
necessity, so strong that one thing to which another may be termed
necessary cannot exist without that other."

2. As to the degree of the necessity which renders constitutional a law
framed to carry a constitutional power into execution, the rule by this
decision is,--

"If a certain means to carry into effect any of the powers
expressly given by the Constitution to the Government of the Union
be an appropriate measure, not prohibited by the Constitution, the
degree of its necessity is a question of legislative discretion,
not of judicial cognizance."

3. But still more explicitly is the question answered, who is to be the
judge of the appropriateness and necessity of the means to be employed,
thus:--

"The Government which has a right to do an act, and has imposed
upon it the duty of performing that act, must, according to the
dictates of reason, be allowed to select the means."

Thus, then, the matter stands. The powers to lay and collect taxes, to
exercise authority over forts and arsenals of the United States, to
suppress insurrection, and various others equally essential, are expressly
given by the Constitution to Congress. It is the right and duty of
Congress to carry these powers into effect. In case of obstruction or
defeat of existing laws framed to that intent, it is the right and duty of
Congress to select such means and pass such additional laws as may be
necessary and proper to overcome such obstruction and enforce obedience to
such laws. In the selection of the means to effect this constitutional
object, Congress is the sole judge of their propriety or necessity. These
means must not be prohib