M'Culloch v. Maryland · ¶31

So; with respect to the whole penal code of the United States:. whence arises.the. power to punish in cases not prescribed by the, constitution? All admit that, the government maj^, legitimately, punish, any violation of its laws; and yet, this is not among the enumerated, powers of (Congress. The right to enforce the observance of law, by punishing its.infraction, might be denied with the mpre plausibility, because it. is expressly given in gome cases. Congress is empowered “ to provide for the punishment of counterfeiting thé securities and current coin of the United States,’’^and “ to define and punish piracies and felonies committed on the high seas, and. offences against the law of nations.” The several powers of Congress may exist,' in a very imperfect state to be sure, but they may exist and be carried ■into execution, although no punishment should be inflicted in cases where the…

U. S. Reports, bound volume
U. S. Reports, volume 17, at 316 (Library of Congress) · transcription: Caselaw Access Project
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