While the fears of the opponents of a consolidated
form of government had been somewhat allayed by the
adoption of the Constitution in its final form, specifically
and expressly delegating the powers of Congress in
definite terms, there still remained a grave anxiety over
the indeterminate language contained in that clause
which vested Congress with power "to make all laws
which shall be necessary and proper for carrying into exe-
cution the foregoing Powers, and all other Powers vested
by the Constitution in the Government of the United
States, or in any Department or OflScer thereof/' ^
Though this clause had occasioned no debate in the Fed-
eral Convention,* it was received with much misgiving in
the various State conventions, and predictions were rife
that it would be used as a weapon against the sovereignty
of the States. With the initiation of the new Govern-
ment in 1789, the broad or narrow interpretation of
this clause marked a line of division between schools
of political thought and action ; and it has been truly
said that "the history of the United States is in a large
measure a history of the arguments which sought to
enlarge or restrict its import/ As early as 1791,
those who feared lest the powers of the Federal Gov-
ernment should be expanded, at the expense of the
States, by legislative practice or by judicial inter-
pretation, saw their fears confirmed, when Congress,
without any express power vested by the Constitution,
of general necessity and utility to all the States, as cannot come witliin the juris- diction of any particular State, or to which the authority of any particular State b not competent, so that each particular State shall enjoy all sovereignty and supreme authority to all intents and purposes, excepting (mly those high authorities and powers by them delegated to Congress, for the purposes of the gmoral Union. . . .
> ConslituHon, Article I, Section 8, paragraph 18.
- It was reported by Mr. Rutledge for the Committee of Detail, Aug. 8, adopted
in Convention, Aug. 20, and reported in its 6nal form by the Committee on Style and Arrangement, Sept. 12, 1787. See Documentary Hidory cf tk$ ConatUMom (1900), UI.
- The American Commanwealth (1888), by James Bryce, I. 870.
