It would have the effect of subjecting
both the Constitution and laws of the several States in all cases not
specifically exempted to be superseded by laws of Congress, it being
expressly declared "that the Constitution of the United States and laws
made in pursuance thereof shall be the supreme law of the land, and
the judges of every State shall be bound thereby, anything in the
constitution or laws of any State to the contrary notwithstanding." Such
a view of the Constitution, finally, would have the effect of excluding
the judicial authority of the United States from its participation in
guarding the boundary between the legislative powers of the General and
the State Governments, inasmuch as questions relating to the general
welfare, being questions of policy and expediency, are unsusceptible of
judicial cognizance and decision.
A restriction of the power "to provide for the common defense and
general welfare" to cases which are to be provided for by the
expenditure of money would still leave within the legislative power of
Congress all the great and most important measures of Government, money
being the ordinary and necessary means of carrying them into execution.
If a general power to construct roads and canals, and to improve the
navigation of water courses, with the train of powers incident thereto,
be not possessed by Congress, the assent of the States in the mode
provided in the bill can not confer the power.
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