Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/402

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394
CONSTITUTION OF THE U. STATES.
[BOOK III.

it is apparent, that it was first brought forward in connection with the power to lay taxes; that it was originally adopted, as a qualification or limitation of the objects of that power; and that it was not discussed, as an independent power, or as a general phrase pointing to, or connected with, the subsequent enumerated powers. There was another amendment proposed, which would have created a general power to this effect; but it was never adopted, and seems silently to have been abandoned.[1]

§ 927. Besides; it is impracticable in grammatical propriety to separate the different parts of the latter clause. The words are, "to pay the debts, and provide for the common defence," &c. "To pay the debts" cannot be construed, as an independent power; for it is connected with the other by the copulative "and." The payment of the antecedent debts of the United States was already provided for by a distinct article;[2] and the power to pay future debts must necessarily be implied to the extent, to which they could constitutionally be contracted; and would fall within the purview of the enumerated power to pass all laws necessary and proper to carry the powers given by the constitution into effect. If, then, these words were and ought to be read, as a part of the preceding power to lay taxes, and in connection with it, (as this historical review establishes beyond any reasonable controversy,) they draw the other words, "and provide for the common defence," &c., with them into the same connection. On the other hand, if this connection be once admitted, it would be almost absurd to contend, that "to pay the debts" of the United States was a general phrase,
  1. Journ. of Convention, 277.
  2. Journ. of Convention, 291. See also the Constitution, art. 6.