M'Culloch v. Maryland · ¶44

But, were its necessity less apparent,'none can deny its being an appropriate measure; and if it is, the degree of its necessity, as has been very justly observed, is to be discussed in another place.... Should Congress, in the execution of its powers, adopt measures which are prohibited by the constitution; or should Congress, under the.pretext of executing its powers, pass laws for the accomplishment of objects not entrusted-to the government;. it would become the painful duty of this tribunal, should a case requiring such a decision como before it, to say that' such an act was not the law of the land. But.where the lawr is not prohibited, and,is really calculated to effect any of the objects entrusted to the government, to undertake here to inquire into, the degree of its necessity, would be to pass, the line which circumscribes the judicial department, and to tread on legislative…

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