Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/512

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CONSTITUTION OF THE U. STATES.
[BOOK III.

stances, become oppressive and ruinous to the agricultural interests of the country.[1] Even in times of peace exigencies may occur, which render a loan the most facile, economical, and ready means of supply, either to meet expenses, or to avert calamities, or to save the country from an undue depression of its staple productions. The government of the United States has, on several occasions in times of profound peace, obtained large loans, among which a striking illustration of the economy and convenience of such arrangements will be found in the creation of stock on the purchase of Louisiana. The power to borrow money by the United States cannot (as has been already seen) in any way be controlled, or interfered with by the states. The granting of the power is incompatible with any restraining or controlling power; and the declaration of supremacy in the constitution is a declaration, that no such restraining or controlling power shall be exercised.[2]

§ 1052. The next power of congress is, "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."

§ 1053. The want of this power (as has been already seen) was one of the leading defects of the confederation, and probably, as much as any one cause, conduced to the establishment of the constitution.[3] It is a power vital to the prosperity of the Union; and without it the government would scarcely deserve the name of a national government; and would soon sink into discredit and imbecility.[4] It would stand, as a mere
  1. 1 Tuck. Black. Comm. App. 245, 240; The Federalist, No. 41.
  2. Weston v. City Council of Charleston, 2 Peters's R. 449, 408.
  3. Gibbons v. Ogden, 9 Wheat. R. 1, 225, Johnson J.'s Opinion; Brown v. Maryland, 12 Wheat. R. 445, 446.
  4. The Federalist, No. 4, 7, 11, 22, 37.