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 execution the foregoing Powers, and all other Powers vested
by the Constitution in the Government of the United
States, or in any Department or Oficer thereof"[1]
Though this clause had occasioned no debate in the Federal Convention,[2] 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 Government 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"[3] As early as 1791,
those who feared lest the powers of the Federal Government should be expanded, at the expense of the
States, by legislative practice or by judicial interpretation, saw their fears confirmed, when Congress,
without any express power vested by the Constitution,
- ↑ Constitution, 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 final form by the Committee on Style and Arrangement, Sept. 12, 1787. See Documentary History of the Constitution (1900), III.
- ↑ The American Commonwealth (1888), by James Bryce, I. 870.
of general necessity and utility to all the States, as cannot come within the jurisdiction of any particular State, or to which the authority of any particular State is not competent, so that each particular State shall enjoy all sovereignty and supreme authority to all intents and purposes, excepting only those high authorities and powers by them delegated to Congress, for the purposes of the general Union. . . .
