What is a LEGISLATIVE power, but a power of making LAWS? What are the MEANS to execute a LEGISLATIVE power but LAWS?
It conducts us to this palpable truth, that a power to lay and collect taxes must be a power to pass all laws NECESSARY and PROPER for the execution of that power; and what does the unfortunate and culumniated provision in question do more than declare the same truth, to wit, that the national legislature, to whom the power of laying and collecting taxes had been previously given, might, in the execution of that power, pass all laws NECESSARY and PROPER to carry it into effect?
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law
make or alter such Regulations, except as to the Places of chusing Senators.
It is difficult to believe, at any rate where physical laws
are concerned, that the earlier part of the process which is the cause can make any difference to the effect, so long as the later part of the process which is the cause remains unchanged.
And it may also be affirmed, that experience itself gives a proof of this; for the ancient laws
are too simple and barbarous; which allowed the Greeks to wear swords in the city, and to buy their wives of each [1269a].
No one, indeed, could have imagined the rapture it was to do it, or what a load rolled from my shoulders when I dropped the law
Judges must beware of hard constructions, and strained inferences; for there is no worse torture, than the torture of laws
. Specially in case of laws
penal, they ought to have care, that that which was meant for terror, be not turned into rigor; and that they bring not upon the people, that shower whereof the Scripture speaketh, Pluet super eos laqueos; for penal laws
pressed, are a shower of snares upon the people.
As the creeper that girdles the tree-trunk the Law
runneth forward and back-- For the strength of the Pack is the Wolf, and the strength of the Wolf is the Pack.
In Germany it is a law
of the empire, that the princes and states shall not lay tolls or customs on bridges, rivers, or passages, without the consent of the emperor and the diet; though it appears from a quotation in an antecedent paper, that the practice in this, as in many other instances in that confederacy, has not followed the law
, and has produced there the mischiefs which have been foreseen here.
It is scarcely questioned that this provision was intended by those who made it for the reclaiming of what we call fugitive slaves; and the intention of the lawgiver is the law
. All members of Congress swear their support to the whole Constitution-- to this provision as much as to any other.
Gift, in one case, makes it as really the new owner's, as labor made it the first owner's: in the other case, of patrimony, the law
makes an ownership which will be valid in each man's view according to the estimate which he sets on the public tranquillity.
To understand the laws
of this continuous movement is the aim of history.