Gibbons v. Ogden · ¶9

This instrument contains an enumeration of powers expressly granted by the people to their government. It has been said, that these powers ought to be construed strictly. But why ought they to be so construed? Is there one sentence in the constitution which gives countenance to this rule? In the last of the enumerated powers, that which grants, expressly, the means for carrying all others into execution, Congress is authorized “ to make all laws which shall be necessary and proper” for the purpose. But this limitation on the means which may be used, is not extended to the powers which are conferred; nor is there one sentence in the constitution, which has been pointed out by the gentlemen of the bar; or which we have been abie. to discern, that prescribes this rule. We do not, therefore, think ourselves justified in adopting it. W hat do gentlemen mean-, by a strict construction? If…

U. S. Reports, bound volume
U. S. Reports, volume 22, at 1 (Library of Congress) · transcription: Caselaw Access Project
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