Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/380

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372
CONSTITUTION OF THE U. STATES.
[BOOK III.

present state are traced in the proceedings of the convention. It will then appear, that it was first introduced as an appendage to the power to lay taxes.[1] But there is a fundamental objection to the interpretation thus attempted to be maintained, which is, that it robs the clause of all efficacy and meaning. No person has a right to assume, that any part of the constitution is useless, or is without a meaning; and a fortiori no person has a right to rob any part of a meaning, natural and appropriate to the language in the connection, in which it stands.[2] Now, the words have such a natural and appropriate meaning, as a qualification of the preceding clause to lay taxes. Why, then, should such a meaning be rejected?

§ 910. It is no sufficient answer to say, that the clause ought to be regarded, merely as containing "general terms, explained and limited, by the subjoined specifications, and therefore requiring no critical attention, or studied precaution;"[3] because it is assuming the very point in controversy, to assert, that the clause is connected with any subsequent specifications. It is not said, to "provide for the common defence, and general welfare, in manner following, viz.," which would be the natural expression, to indicate such an intention. But it stands entirely disconnected from every subsequent clause, both in sense and punctuation; and is no more a part of them, than they are of the power to lay taxes. Besides; what suitable application, in such a sense, would there be of the last clause in the enumeration, viz., the clause "to make all laws, necessary and proper for carrying into execution the fore-
  1. Journ. of Convention, p. 323, 324, 326.
  2. President Monroe's Message, 4 May, 1822, p. 32, 33.
  3. President Madison's Letter to Mr. Stevenson, 27 Nov. 1830.